IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL SECOND APPEAL NO.611/2009 . Chandrahas Singh Chauhan. VERSUS Rajendra Kumar Jain. 25.01.2010. HON'BLE MR.JUSTICE DALIP SINGH Mr.J.P.Goyal, for the appellant. Mr.Sudesh Bansal, for the respondent. -----
Heard learned counsel for the parties.
Learned counsel for the appellant submitted that appellant does not wish to press this appeal on merits and would be satisfied if some reasonable time may be allowed for vacating the disputed premises. Learned counsel appearing on behalf of respondent submits that his client would not execute the decree upto 31.12.2011.
In the facts and circumstances, therefore, it is hereby ordered that the decree shall not be executed by the respondent against the appellant upto 31.12.2011 on the condition that the appellant submits an undertaking that he would handover vacant and peaceful possession of the disputed premises on or before 31.12.2011 to the respondent-decree holder. The said undertaking be submitted before the trial court within a period of two weeks from today.
The appellant would further ensure at the time of submission of undertaking that all the arrears of rent upto 31 December, 2009 have been paid in the Bank Account No.10221500189 of the respondent-decree holder with the State Bank of India, Branch Madhuban (Near Head Post Office), Udaipur and would further submit proof of deposit of the rent. The appellant shall also ensure that during the period from 01.01.2010 upto 31.12.2011, the rent is paid month by month by the 15th of next succeeding month positively in the said bank account. It is hereby made clear that in case the appellant fails to comply with any of the aforesaid conditions within the time allowed, it would be open for the respondent-decree holder to execute the decree forthwith.
The undertaking shall also contain stipulation that the appellant shall not sublet, assign or part with the possession of the premises in dispute during the said period upto 31.12.2011 and would not create any third party interest therein and would pay an amount of Rs.1,500/- per month on account of use and occupation to the respondent-decree holder instead of the agreed rent.
Accordingly, the appeal as well as the stay application stand disposed of subject to the above conditions.
(DALIP SINGH),J.
Solanki DS, Jr.P.A.