Ashok
Kumar Vs. Sukhwant Singh [2008] Insc 168 (12 February 2008)
Tarun
Chatterjee & Harjit Singh Bedi
O R D
E R CIVIL APPEAL NO 1244 OF 2008 (Arising out of SLP)No.3152 of 2007)
1.
Leave granted.
2.
This is an appeal from the final judgment and order dated 21st of November,
2006 passed in Writ Petition No.1044 of 2004 (M/S) and order dated 12th of
December, 2006 in Review Application No.314 of 2006 passed by the High Court of
Uttaranchal at Nainital whereby the writ petition filed by the respondent was
allowed and the review petition filed by the petitioner was dismissed.
3. An
application for release was filed by the respondent under Section 21(1)(a) of
the U.P.Act No.13 of 1972 in respect of the premises in question before the
prescribed authority which was allowed but in appeal the appellate authority
allowed the appeal and rejected the release application filed by the
respondent.
However,
in the writ application, the High Court had set aside the order of the
appellate authority and allowed the release application, thereby directing the
respondent to be evicted from the premises in question.
4. We
have heard Mr.Gupta, learned senior counsel appearing on behalf of the
tenant-appellant and Mr.Huzefa Ahmadi, learned counsel appearing on behalf of
the landlord-respondent. We have also examined the judgment of the High Court
as well as the orders of the courts below. We have also examined the materials
already on record.
5.
Having heard the learned counsel for the parties and after going through the
impugned judgment as well as the orders of the authorities below, we do not
find any ground to interfere with the order of the High Court which restored
the order of release in favour of the respondent on the ground that the
respondent bonafide required the premises in question. Accordingly, we do not
find any infirmity in the judgment of the High Court, excepting that in view of
the nature of the room that is being occupied by the respondent, we have asked
for an undertaking from the landlord that the respondent shall not disturb the
access to the passage in front of the tenanted room for the purpose of
accessing his other tenanted property. Accordingly, an undertaking has been
filed by the landlord-respondent that the appellant shall have access to the
passage in front of the tenanted room for the purpose of ingress and egress to
his other tenanted property. The passage that shall be permitted to use is
marked in red and outlined in black in the map appended with the undertaking
filed by the respondent. We are also informed that the concerned room is having
two doors and Mr.Ahmadi learned counsel appearing on behalf of the respondent
had also given an undertaking before us that both the doors shall be closed by
the respondent. Accepting the undertaking given by the respondent and in view
of the fact that this appeal has no merit, we dispose of the appeal in the
following manner:- The appeal shall stand dismissed and the appellant shall
vacate the tenanted room within three months from the date of supply of a copy
of this order to the parties.
The
appellant shall also file another undertaking within a fortnight form this date
that he shall vacate the premises in question and deliver vacant and peaceful
possession to the respondent within three months from this date, subject to
depositing or paying all arrears of rent or occupational charges at the rate of
Rs.100/- for the period the appellant has not paid to the respondent. The copy
of the undertaking that has been filed by the respondent shall also form a part
of this order, that is, the appellant shall have the access to the passage in
front of the premises in question for the purpose of ingress and egress to his
other tenanted property, the particulars of which has already been described in
red and outlined in black in the map appended with the undertaking filed by the
respondent. The copy of the undertaking that has been filed by the respondent
shall also form a part of this order.
6. The
appeal is thus dismissed, subject to the modification as above. There will be
no order as to costs.
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