Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

CLR/ 54/ 2025

Hon'ble Rakesh Thapliyal, J.

1. Mr. Devesh Upreti, learned counsel

for the revisionist.

2. Mr. Lokendra Dobhal, learned counsel

for the respondent.

3. The instant revision has been preferred under Section 25 of the Provincial Small Causes Courts Act, 1887 against the judgment and decree dated 26.04.2025 passed in SCC Suit No. 1 of 2023, whereby, the suit preferred by the

plaintiff/respondent has been decreed.

4. The revision has yet not been admitted, however, Mr. Devesh Upreti, learned counsel for the revisionist, on instructions proposes that the revisionist is ready to vacate the shop in question for which he submits that some reasonable

time may be given to vacate.

5. Apart from this he also submits that the revisionist is agree to pay the entire arrear of rent and will pay regularly monthly rent till the shop is vacated, however, since the revisionist is not in a position to pay the mesne profit and damages as decreed by the impugned judgment and, therefore, the amount towards the mesne profit and damages be

exempted.

6. On the other side, Mr. Lokendra Dobhal, learned counsel for the respondent, submits that if the revisionist is ready to vacate the shop in question within 18 months from today and to pay the monthly rent regularly without any break along with the arrear then he has no objection. Towards the exemption as sought for payment of mesne profit and damages he submits that he has no objection on this provided the revisionist file an undertaking before the SCC Court

within a period of 15 days from today that he will not cause any damages and sublet to any other person and give peaceful possession of the shop on the expiry of 18 months.

7. In view of the submission as advanced by the learned counsel for the parties, this court is of the view that since the revisionist is ready to vacate the shop in question, therefore, the reasonable time of 18 months should be provided to vacate the same subject to this condition that the revisionist shall pay the monthly rent regularly without any break and will not sublet the shop and will not cause any damages and give peaceful possession on expiry of 18 months.

8. Accordingly, the instant revision is disposed of finally with the direction to the revisionist to vacate the shop in question within 18 months from today and will pay monthly rent regularly without any break with arrear subject to further condition that he will not sublet the shop in question and will pay monthly rent regularly without any break and give peaceful possession on expiry of the aforesaid period.

9. Since, learned counsel for the respondent have not raised any objection towards the mesne profit and damages, therefore, the revisionist is exempted to make payment towards mesne profit and damages.

10. The revisionist shall also file an undertaking as aforesaid within 15 days from today before the SCC Court. It is further made clear that in breach of any undertaking as above this court will take necessary steps to vacate the shop in question.

(Rakesh Thapliyal, J.)

06.10.2025 Parul