Dilip Kumar vs Ganpat Lal on 9 March, 2009

CSA - 64/2009 -Dilip Kumar Vs. Ganpat Lal                    Judgment dt.9.3.09


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              S.B. CIVIL SECOND APPEAL NO.64/2009
                     Dilip Kumar Vs. Ganpat Lal

Date of order                           :           9th March, 2009

                                      PRESENT

            HON'BLE DR. JUSTICE VINEET KOTHARI

Mr. Shambhoo Singh Rathore for the appellant.
Mr. K.K. Shah 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

30.06.2010 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 30.06.2010.
                         The respondent shall not execute the impugned
                         decree till 30.06.2010.
             (ii)        The appellant undertakes to pay or deposit the
                         mesne profit at the rate of Rs.1,000/- 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.
             (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
 CSA - 64/2009 -Dilip Kumar Vs. Ganpat Lal                      Judgment dt.9.3.09


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                         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 or 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/-