KALIKA PRASAD Vs. GHASI RAM AND OTHERS

JUDGEMENT

(1.) This writ petition at the instance of the tenant is against an application for possession under Sec. 23 of the U.P. No. 13 of 1972. Earlier, upon a release application moved by the landlord under Sec. 21 of the Act aforesaid the release of the accommodation had been allowed and has become final.

(2.) Mr. S.N. Dayal, Advocate, appearing on behalf of the petitioner has submitted that without going into the merits of the case, his client acquiesces to the order dated 23-4-1987 by which he has been directed to vacate the accommodation and submitted that his client will deliver vacant possession of the accommodation without let or hindrance to the landlord and has sought indulgence of this Court to remain in the shop to wind up the business. For this purpose the petitioner is permitted to remain in the shop till 31st July 1987. On or before this day he will deliver vacant possession of the premises to the landlord without any let or hindrance.

(3.) In the stay order that order passed by this Court may be given effect, the petitioner will tile an undertaking by an affidavit before the Court of the Prescribed Authority/Civil Judge, Kanpur Dehat in Case No. 12/74 of 1984, Ram Lal deceased through Ghasi Ram Vs. Kalika Prasad . The affidavit will recite that on or before 31st July, 1987, the petitioner will deliver vacant possession to the landlord without let or hindrance, but will continue to pay the same amount representing rent which he has so far been paying to the landlord for damages and for use and occupation. This affidavit will be filed before the Prescribed Authority/Civil Judge aforesaid by 15th May, 1987, failing which the protection granted by this Court shall stand discharged. The affidavit will be filed before the Court aforesaid under intimation to the landlord and the landlord's Counsel.