High CourtsSingle Bench(2008) 02 JH CK 0005

Shipendra Prasad Singh @ Shipend Singh vs Smt. Bina Devi and Others

Jharkhand High Court · Decided on 25 February 2008 · Citation: (2008) 2 JCR 679

HON’BLE JUDGES
R.K. Merathia, J

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Judgment

12 paragraphs · 298 words

R.K. Merathia, J.—Heard Mr. Deo, appearing for the petitioner and Mr. Chatterjee appearing for the respondents.

2.

Mr. Deo, at the outset, on instruction from petitioner, who is present in the Court, submitted that petitioner is ready to vacate the premises within three months from today and pay the arrears of rent up to January, 2008 and also the current rent from February, 2008 as may be fixed by this Court.

3.

Mr. Chatterjee submitted that the suit for eviction was filed as far back as in the year 1985 and the rent was only Rs. 100/-. However, he submitted that this Court may pass order as it may deem fit and proper.

4.

Accordingly, on the basis of such undertaking of the petitioner the following order is passed:

(i) Petitioner is directed to vacate the premises in question on or before 31st May, 2008.

(ii) He will deposit the arrears of rent upto January, 2008 @ Rs. 100/- per month within two weeks from today in the executing Court.

(iii) He will also deposit rent from the month of February, 2008 @ Rs. 1,500/- per month.

(iv) He will deposit the rent of February and March, by 7.3.2008. Rent for the months-April and May, 2008 will be paid by 7th day of that month.

(v) The petitioner, if so desires, may vacate the premises earlier also but on payment of rent as indicated above till the premises is vacated.

(vi) If the premises in question is not vacated by 31st May, 2008, the executing Court is directed to get the same vacated within 24 hours.

(vii) Non-compliance of any part of this will be treated as violation of the undertaking and the direction of this Court.

With these observations and directions, this writ petition is disposed of.