Suresh Kumar vs Savita Sharma And Three Others

Alok Kumar Verma, J

Present Writ Petition has been filed under Article 227 of the Constitution of India assailing the judgment and order dated 06.06.2012, passed by learned Prescribed Authority/ Civil Judge (Senior Division) in P.A. Case No.06 of 2010, “Smt. Savita Sharma and Others vs. Suresh Kumar”, & judgment and order dated 08.03.2018, passed by learned Ist Additional District Judge, Haridwar in Rent Control Appeal No.86 of 2012, “Suresh Kumar vs. Smt. Savita Sharma and Others”.

Respondents herein had filed a P.A. Case No.06 of 2010 against the petitioner. The said P.A. case was allowed. Against the judgment dated 06.06.2012, passed by learned Prescribed Authority, an Appeal was filed. The said Appeal has been dismissed on 08.03.2018. Hence, present Writ Petition.

Heard Mr. Jitendra Chaudhary, learned counsel for the petitioner and Mr. Nikhil Singhal, learned counsel for the respondents.

Today, Mr. Jitendra Chaudhary, learned counsel for the petitioner, has filed a mention memo and submitted that petitioner undertakes to vacate and hand over the property in-question to the respondents within nine months from today. He further submitted that use and occupation charges, as directed by the coordinate Bench on 28.06.2018, shall be paid by the petitioner regularly to the respondents till the possession of the property in-question is handed over to the respondents.

Mr. Nikhil Singhal, learned counsel for the respondents, submitted that instructions have been received from the respondents. Respondents are agree to grant six months period to the petitioner to vacate the said property.

In the facts and circumstances of this case, and, in the interest of justice petitioner is granted time till 31.12.2023 to vacate and hand over the peaceful possession to the respondents. Petitioner is further directed to pay Rs.1,500/- as mentioned above regularly to the respondents. In case of default in payment, petitioner will be liable to vacate the said property even before 31.12.2023, but according to law.

Subject to the aforesaid undertakings, and, with the consent of learned counsel of both the parties, the present Writ Petition (M/S No.1770 of 2018) is disposed of accordingly.