R.K.Sharma vs Late Jagjeet Singh Family … on 16 April, 2010

CSA-66/10 R.K.SharmaVs. Lagte Jagjeet Singh Family Pvt.Trust & Ors.   Judgment dt.16.4.2010

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             S.B. CIVIL SECOND APPEAL NO.66/2010
     R.K. Sharma Vs. Lagte Jagjeet Singh Family Pvt. Trust & Ors.

Date of order                           :                    16th April, 2010

               HON'BLE DR. JUSTICE VINEET KOTHARI

Mr. Sajjan Singh ) for the appellant.
Mr. Narender Singh)

Mr. Vineet Jain for the respondents.

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1.              This second 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

31.12.2010 with conditions given below.

2.              Learned counsel for the appellant agrees 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 31.12.2010.
                         The respondent shall not execute the impugned
                         decree till 31.12.2010.
             (ii)        The appellant undertakes to pay or deposit the
                         mesne profit at the rate of Rs.3,500/- per month
                         w.e.f. April, 2010 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
 CSA-66/10 R.K.SharmaVs. Lagte Jagjeet Singh Family Pvt.Trust & Ors.   Judgment dt.16.4.2010

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                         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 April, 2010 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 respondent 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

writ petition is accordingly dismissed as not pressed.

                                                  [ DR. VINEET KOTHARI ], J.

item No.2
babulal/