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Madhya Pradesh High Court · body

2015 DIGILAW 745 (MP)

Jyoti v. Vijay

2015-07-20

P.K.JAISWAL, T.K.KAUSHAL

body2015
ORDER 1. This review petition has been filed for extension of time to comply with the order dated 28.7.2014 passed in Second Appeal No.149/2014 and Second Appeal No.151/2014. 2. Learned counsel for the non-applicant / landowner submits that decree of eviction under section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961 has been passed by the Courts below and this Court, while dismissing both the second appeals, granted one year time to the applicant to vacate the premises in question, subject to certain conditions. 3. Learned counsel for the applicant submitted that due to rainy season, the applicant could not vacate the premises on or before 31st July, 2015. He submits that the applicant is ready to pay compensation as may be fixed by this Court. 4. Learned counsel for the non-applicant vehemently opposed the prayer for extension and submitted that in view of the undertaking furnished by the applicant, in terms of the order passed in Second Appeal No.149/2014 and Second Appeal No.151/2014, she has no right to file an application for extension of time and also submitted that as per his instructions, the applicant has shifted her shop to some other place (19, Veer Savarkar Marg, Indore) and opposed the prayer for extension. 5. On due consideration of the aforesaid, and looking to the ground, we grant further time of two months from 1st August, 2015, subject to the condition of payment of compensation at the rate of Rs.1,500/- (Rupees one thousand five hundred) per day and will also furnish the following undertaking within a period of one week from today and shall deposit the amount of compensation and rent for two months, in compliance to the order passed by this Court : - (i) that the applicant shall file an affidavit before the Executing Court indicating that she shall deposit the regular rent of two months within a week. (ii) She shall also furnish an undertaking before the Executing Court that the applicant shall deliver the vacant possession of the suit premises to the non-applicant on or before 30th September, 2015 and shall not part with the possession of the suit premises creating third party right therein. (ii) She shall also furnish an undertaking before the Executing Court that the applicant shall deliver the vacant possession of the suit premises to the non-applicant on or before 30th September, 2015 and shall not part with the possession of the suit premises creating third party right therein. (iii) An undertaking shall also be furnished by the applicant to the effect that she will vacate the suit premises on or before 30.9.2015, and the applicant shall pay the compensation at the rate of Rs.1,500/- (Rupees one thousand five hundred) per day to the plaintiff in addition to rent and shall deposit whole amount of compensation of two months, within a week from today. (iv) The said affidavit and undertaking shall be submitted within one week from the date of receipt of certified copy of this order. 6. Time to vacate the premises in question is extended for a period of two months from 1st August, 2015, subject to the above mentioned conditions; failing which this order shall come to an end, without reference to the Court. 7. With the aforesaid, Review Petition No.183/2015 and Review Petition No.184/2015 are allowed in part to the extent indicated herein above. ..............