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2014 DIGILAW 1490 (RAJ)

Suresh Kumar v. Dev Kishan

2014-08-25

ARUN BHANSALI

body2014
JUDGMENT 1. - By order dated 04.08.2014 notice to the respondents to the limited extent regarding grant of extra time to the appellants was issued. While notices of respondent No. 1, 6, 7 & 8 have been served, though notices of respondent No.2 to 5 and 9 to 13 have been accepted by their brothers, in the facts and circumstances of the case, the service is treated as complete. 2. Heard Mr. Suresh Kumar, appellant No.1 and the power of attorney holder of other appellants and Mr. Suresh Mohta, son of the respondent No.6 regarding grant of extra time to vacate the suit premises. 3. The appellant/power of attorney holder of the appellants submits that the appellants are running a Furniture Shop in the suit premises since 1969 and they may be granted extra time for vacating the suit premises. 4. The respondent opposed the prayer for grant of time. It was submitted that the suit was filed in the year 2001; a meager sum of Rs. 100/- per month is being paid as rent/mesne profit and the same also is in arrears and, therefore, the appellants are not entitled for grant of extra time. If any extra time is granted, the appellants should be made to pay reasonable mesne profit. 5. Having regard to the facts and circumstance of the case, it appears appropriate to allow time to the appellants to vacate the suit premises till 30th June, 2015, the amount of mesne profit is determined at Rs. 2,000/- per month. 6. In view of the above, the power of attorney holder of the appellants seeks withdrawal of the appeal and the same is, therefore, dismissed as withdrawn. The stay application is also dismissed. However, the appellants are granted time to vacate the suit premises by 30th June, 2015 on the following conditions:- (i) the appellants/power of attorney holder of the appellants shall submit an undertaking supported by affidavit before the trial court within 3 weeks from today to the effect that on or before 30th June, 2015 they shall handover the peaceful and vacant possession of the suit premises to the respondents. They shall also undertake not to cause any damage to the suit premises nor to make any alternation and not to assign/sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance. (ii) the appellants shall deposit within three weeks the entire decretal amount / arrears of the mesne profit and shall further pay to the respondent-landlord the amount for use and occupation of the suit premises @ Rs. 2,000/- per month w.e.f. 01st September, 2014 or deposit the same in the saving bank account of the respondent month by month on or before 15th day of the next month. The respondent will give the details of the bank account, in which, the arrears of rent or mesne profit/month to month mesne profit will be deposited, to the appellant within a period of two weeks from today. (iii) it is made clear that in case the appellants do not comply with any of the aforesaid conditions or violate any terms of the undertaking, then it will be open for the respondent landlord to get the decree executed forthwith in accordance with law. No costs.Appeal dismissed as withdrawn. *******