GANDHI ASHRAM Vs. BHUWAN LAL SAH

JUDGEMENT

(1.) The present Revision under Sec. 25 of the Provincial Small Cause Courts Act, 1887 has been filed by the revisionists-tenants challenging the judgment and decree dtd. 18/7/2019, passed by learned District Judge, Nainital in S.C.C. Suit No.5 of 2018, 'Bhuwan Lal Sah Vs. Shri Gandhi Ashram, Khadi Bhandar, Bhowali, District Nainital and Another, whereby, the learned trial court has decreed the suit of the respondent-plaintiff for recovery of possession and mesne profit.

(2.) Heard Mr. Aditya Singh, learned counsel for the revisionists and Mr. Pulak Agarwal, learned counsel for the respondent.

(3.) Mr. Aditya Singh, Advocate, submitted that the revisionists will vacate the suit property within two years. The revisionists have filed an affidavit dtd. 16/10/2024 (affidavit of Deep Chandra Joshi, the Secretary of the Gandhi Ashram, Khadi Bhandar, Bhowali, District Nainital). He further submitted that the revisionists also undertake that the revisionists would continuously pay the occupational charges as directed by the trial court and further undertake not to demolish the suit property and not to sublet the same.