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Judgment
Dilip Gupta, J.—List has been revised. Learned Counsel for the petitioner is not present.
An application for modification of the judgment and order dated 10th April, 2008 has been filed on behalf the respondent with a prayer that though the respondent is ready to handover the vacant possession of House No. 233, Badshahi Mandi, Allahabad pursuant to the directions issued by this Court on 10th April, 2008 but the petitioner is not taking possession of the premises on the pretext that the landlord is not giving vacant possession of House No. 233, Badshahi Mandi, Allahabad.
Learned Counsel for the applicantrespondent states that in such circumstances when the petitioner is disputing that the landlord is not giving possession of the aforesaid premises, a date may be fixed by this Court on which date the prescribed authority may ensure that the petitioner is present to take vacant possession of House No. 233, Badshahi Mandi, Allahabad and also ensure that thereafter the petitioner gives vacant possession of the entire premises in dispute under her tenancy including the portion on the ground floor.
It is, therefore, directed that the respondent may file a copy of the judgment and order dated 10th April, 2008 as well as a copy of this order before the Prescribed Authority by 27th May, 2008. The Prescribed Authority shall, after intimating to the petitioner ensure that the landlord gives the vacant possession of House No. 233, Badshahi Mandi, Allahabad on 30th May, 2008 to the petitioner. The Prescribed Authority shall also ensure that the petitioner thereafter vacates the entire premises under her tenancy including the portion on ground floor by 1st June, 2008. The Prescribed Authority shall be at liberty to take police assistance, if necessary.
The application is allowed to the extent indicated above.
Application Allowed.