Prem Singh vs Kedar Mal on 7 July, 2008

 IInd Appeal -137/08 - 137/08 - Prem Singh Vs. Kedarmal   :   Judgment dt.7.7.08

                                         1/2


            S.B. CIVIL SECOND APPEAL NO.137/2008
                    Prem Singh Vs. Kedarmal

Date of order                        :             7th July, 2008

                                   PRESENT

           HON'BLE DR. JUSTICE VINEET KOTHARI

Mr. Sachin Acharya for the appellant
Mr. Ravi Bhansali 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 6.7.2009

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 6.7.2009.
                       The respondent shall not execute the impugned
                       decree till 6.7.2009.
            (ii)       The appellant undertakes to pay or deposit the
                       mesne profit at the rate of Rs.7,500/- per month
                       w.e.f. July, 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
  IInd Appeal -137/08 - 137/08 - Prem Singh Vs. Kedarmal   :   Judgment dt.7.7.08

                                       2/2


                       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 July, 2008 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.14
babulal/-