Smt.Manju Mohta vs Seth Ram Gopal Goverdhan Das & Anr on 9 March, 2009

CSA - 58/2009 -Smt. Manju Mohta Vs. Seth Ram Gopal Govardhan Das Mohta Cheritable Trust
& Ors.                                                               Judgment dt.9.3.09


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            S.B. CIVIL SECOND APPEAL NO.58/2009
                        Smt. Manju Mohta
                               Vs.
     Seth Ram Gopal Govardhan Das Mohta Charitable Trust & Ors

Date of order                          :               9th March, 2009

                                     PRESENT

            HON'BLE DR. JUSTICE VINEET KOTHARI

Mr. Manoj Bhandari for the appellant.
Mr. R.K. Thanvi for the respondent.

                                       ---------

1.             This appeal is disposed of as not pressed in view of

undertaking of defendant-tenant to hand over the peaceful & vacant

possession of the suit premises to the plaintiff on or before

30.09.2009 with conditions given below.

2.             Both the parties are agree to dispose of this second

appeal on the following terms and conditions:-



             (i)        The appellant undertakes to hand-over the vacant
                        and peaceful possession of the suit premises, in
                        dispute to the respondent on or before 30.09.2009.
                        The respondent shall not execute the impugned
                        decree till 30.09.2009.
             (ii)       The appellant undertakes to pay or deposit the
                        mesne profit at the rate of Rs.500/- per month
                        w.e.f. April, 2009 and will further continue to pay
                        the mesne profit each month by 15th day of the
                        next succeeding month or in advance to the
                        respondent and the arrears of mesne profit may
                        also be given within two months.
 CSA - 58/2009 -Smt. Manju Mohta Vs. Seth Ram Gopal Govardhan Das Mohta Cheritable Trust
& Ors.                                                               Judgment dt.9.3.09


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              (iii)     The appellant further undertakes that he shall not
                        sub-let, assign or part with the possession of the
                        suit premises or any part thereof in favour of any
                        one else and would not create any third party
                        interest in the same during the aforesaid period.
              (iv)      The appellant shall furnish a written undertaking
                        incorporating the aforesaid conditions in the
                        Lower Court by 30th April, 2009 and one copy
                        thereof along with affidavit in this Court.
              (v)       Learned counsel for respondent-landlord will give
                        the details of his bank account number in which
                        the arrears of rent or mesne profit, if any, will be
                        deposited, within the period of four weeks from
                        today.



3.              It is made clear that in case, the appellant-tenant does not

comply with any of the aforesaid conditions, then it will be open for

the respondents landlord to get decree passed in his favour executed

even before the aforesaid date and to initiate contempt proceedings in

this Court.

4.              With the aforesaid terms, conditions and directions, the

appeal is accordingly dismissed as not pressed.



                                                [ DR. VINEET KOTHARI ], J.

item No.10
babulal/-