Gulzar Hussain vs Mohd Yusuf & Ors.

Hon’ble Ravindra Maithani, J. (Oral)

The challenge in this petition is made to the judgment and order dated 06.11.2006, passed in SCC Suit No.02 of 2005, Hafiz Mohammad Yusuf Vs. Gulzar Hussain, by the court of Civil Judge (Jr. Div.), Ranikhet, District Almora (the suit), by which the suit filed by the deceased/respondent no.1 was decreed for arrears of rent and eviction and the petitioner was directed to handover the peaceful possession of the building-in-question within the stipulated time and the judgment and order dated 03.08.2011, passed in SCC Revision No.05 of 2006, Gulzar Hussain Vs. Mohd. Yusuf, by the court of the District Judge, Almora, by which, the challenge to the judgment and order dated 06.11.2006 was dismissed. The petitioner is tenant, against whom, the suit has been decreed.

Heard learned counsel for the parties and perused the record.

At the very outset, learned counsel for the petitioner submits that the petitioner will vacate the house within six months and handover the peaceful possession of the house to the respondents.

Learned counsel for the respondents is agreeable to it.

The writ petition is disposed of with the directions to the petitioner to handover the peaceful possession of the house to the respondents within six months from today in a condition, in which, it is today. He shall also continue paying the rent. In case, the petitioner makes any default in either of the conditions, the respondents shall be at liberty to seek eviction immediately. No time extension application shall be entertained.

The petition stands disposed of accordingly.