Sanjay S/o Bhanwar Lal Ji v. Sanjana Devi W/o Late Shri Gauri Shankar
2017-04-04
DEEPAK MAHESHWARI
body2017
DigiLaw.ai
ORDER : Deepak Maheshwari, J. 1. During the course of arguments learned counsels appearing for both the sides, come to certain terms in respect of the matter in dispute on the basis of the agreement arrived at between them. 2. In view thereof, learned counsel for the appellant has pressed this appeal only to the limited extent that firstly, some time may be allowed to the appellant to vacate the disputed property and secondly, that the amount of mesne profit decided by learned trial Court to be paid from the date of filing of the suit @ Rs. 2000/- per month be reduced. 3. After hearing learned counsels for both the sides, in terms of the agreement arrived at between them, it is ordered that the appellant/defendant will hand over the vacant and peaceful possession of the property in dispute to the respondents/plaintiffs on or before 31st March, 2019. Further, the rate of mesne profit from the date of filing of the suit as awarded by trial Court is reduced from Rs. 2,000/- to Rs. 1,000/- per month till 31.03.2018. Thereafter, the rate of mesne profit w.e.f. 01.04.2018 will be Rs. 2000/- per month till the vacant possession of the disputed property is handed over by the appellant to the respondents/plaintiffs. The appellant/defendant will pay the decreetal amount and arrears of rent as ordered by the trial Court from February, 2008 till the date of filing of the suit @ Rs. 395/- per month. The amount mentioned above will be deposited by the appellant in the bank account of respondents/plaintiffs within a period of one month from today. Details of the bank account will be provided by learned counsel for the respondents to learned counsel for the appellant within a period of 7 days from today. 4. Further, the appellant/defendant will comply with the following conditions in the given time-frame:- (i) The appellant-defendant-tenant shall hand over the vacant and peaceful possession of the shops in dispute to the respondents-plaintiffs-landlord on or before 31st March, 2019. (ii) The appellant-defendant-tenant shall not create any third party interest in the disputed shops by way of assigning it to anyone else or subletting or parting with the possession of the suit shops to anyone else; Even if any such interest is created, it will be void.
(ii) The appellant-defendant-tenant shall not create any third party interest in the disputed shops by way of assigning it to anyone else or subletting or parting with the possession of the suit shops to anyone else; Even if any such interest is created, it will be void. (iii) The appellant-defendant-tenant shall not make any material alteration or cause any damage to the property in dispute till they continue to remain in possession of the property in dispute or till 31.03.2019. (iv) The appellant-defendant-tenant shall continue to deposit the amount towards mesne profits at the revised rate of Rs. 1,000/- p.m. from 1st April, 2017 to 31st March, 2018 and Rs. 2,000/- p.m. from 1st April, 2018 to 31st March, 2019 by 15th day of the next month positively till the vacant and peaceful possession of the shops in dispute is handed over to the respondents-plaintiffs-landlord or till 31st March, 2019, whichever is earlier. The amount of mesne profits will be deposited by the appellant-tenant in the bank account of respondents-landlord, the details of which shall be furnished by the respondents-landlord to them within seven days from today. (v) In case, the appellant-defendant-tenant make any default continuously for two months in depositing the amount of mesne profits, the respondents-plaintiffs will be at liberty to get the decree executed for vacation of the shops as also for realising the decreetal amount and amount of arrears of rent (mesne profits) immediately. (vi) The appellant-defendant-tenant shall file an undertaking before the learned trial Court to comply with the conditions mentioned above; failing which, they will be liable for execution of the decree immediately as also for contempt proceedings may be initiated against them by the respondents-landlord. Copy of such undertaking will also be filed by the appellant-defendant tenant in this Court. (vii) The aforesaid undertaking will be submitted by the appellant-defendant-tenant before the learned trial Court on 19th April, 2017 and before this Court on or before 05, May, 2017. 5. The appeal stands disposed of accordingly.