Jamna Lal vs Jagdish Chandra & Ors on 5 September, 2008

                       CSA 478/08 - LRs of Jamna Lal V. Shri Jagdish Chandra & Ors.

                                                                 Judgment dt:5/9/08
                                   1/2

           S.B.CIVIL SECOND APPEAL NO. 478/2006
                DATE OF JUDGMENT : 5.9.2008

           HON'BLE DR.JUSTICE VINEET KOTHARI

Mr.Narendra Singh for Mr. Sajjan Singh for the appellants.


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

31.12.2009 with conditions given below.

2.          Both the parties 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 31.12.2009.
                   The respondent shall not execute the impugned
                   decree till 31.12.2009.
          (ii)     The appellant undertakes to pay or deposit the
                   mesne profit at the rate of Rs.500/- per month
                   w.e.f. September, 2008 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
                   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 31st September, 2008 and one
                           CSA 478/08 - LRs of Jamna Lal V. Shri Jagdish Chandra & Ors.

                                                                    Judgment dt:5/9/08
                                      2/2

                      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. A copy of this order

be sent to the respondents.

                                            [ DR. VINEET KOTHARI ], J.

item No.43
babulal/-