Pankaj Tandon vs Mayank Mehrotra

Alok Kumar Verma, J

The present Revision under Section 25 of the Provincial Small Cause Courts Act, 1887 has been filed challenging the decree dated 26.07.2024, passed by learned Judge, Small Cause Court/District Judge, Nainital in SCC Suit No.12 of 2023, “Mayank Mehrotra Vs. Pankaj Tandon”, by which, the learned Judge has allowed the Application, filed by the respondent-plaintiff under Order XII Rule 6 of the Code of Civil Procedure, 1908 and has directed the revisionist-defendant to hand over the vacant possession of the suit property within a month.

Heard Mr. B.D. Pande, learned counsel, Mr. Pulak Agarwal, learned counsel and Mr. Bharat Tewari, learned counsel for revisionist and Mr. M.C. Kandpal, learned Senior Advocate assisted by Ms. Ruchita Kandpal, learned counsel for respondent.

Mr. Pankaj Tandon, the revisionist-defendant and Smt. Nivedita Mehrotra, the wife of the respondent-plaintiff, are present in-person.

Mr. B.D. Pande, Advocate, has submitted that although, the mediation proceedings are closed as unsuccessful, the revisionist has filed his affidavit dated 21.10.2024, by which, the revisionist has prayed to grant him two and a half year time to vacate the suit property.

Before the Bar, the learned counsel for the parties and Mr. Pankaj Tandon, the revisionist-defendant and Smt. Nivedita Mehrota, wife of the respondent-plaintiff, agree that the revisionist will vacate the suit property by 31.03.2026.

Mr. B.D. Pande, Advocate, further submits that the revisionist also undertakes that he will not demolish the suit property and not to sub-let the same.

With the consent of the learned counsel for the parties, the present Civil Revision (No.73 of 2024) is decided.

The revisionist is directed to vacate the suit property and hand over the vacant possession of the suit property to the respondent by 31.03.2026. In case of breach of any of the said undertakings, the revisionist will be liable to vacate the suit property even before 31.03.2026, but in accordance with law.