Gurucharan Singh S/o Shri Santok Singh v. Lrs of Laxman Lal Garg S/o Shri Ramswaroop
2018-07-23
ARUN BHANSALI
body2018
DigiLaw.ai
ORDER : 1. After attempting to make submissions for sometime on the first appeal, learned counsel for the appellant submits that the appellant may be granted extra time for vacating the subject premises. 2. Heard learned counsel for the parties regarding grant of extra time to vacate the subject premises. 3. Learned counsel for the appellant submitted that the premises are commercial premises and the appellant is running a shop since long and may be granted time till December 2019 for vacating the premises. 4. Learned counsel for the respondent opposed the prayer for grant of time. It was submitted that the proceedings were filed in the year 2008 and a meagre rent of about Rs.650/- only was being paid and that also is in arrears. It was submitted that in case time is granted, then reasonable amount of mesne profit be directed to be paid. 5. Having regard to the facts and circumstance of the case, it appears appropriate to allow time to the appellant to vacate the premises by 31st December, 2019 and allow mesne profit to the respondent until the appellant vacates the premises @ Rs.1,500/- per month from 01.08.2018 till 31.12.2019. 6. In view of the above, the learned counsel for the appellant seeks withdrawal of the first appeal and the same is, therefore, dismissed as withdrawn. The stay application is also dismissed. However, the appellant is granted time to vacate the subject premises by 31st December, 2019 on the following conditions:- (i) the appellant shall submit an undertaking supported by affidavit before the trial court within 3 weeks from today to the effect that on or before 31st December, 2019 he shall handover the peaceful and vacant possession of the suit premises to the plaintiffs-respondents. He 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 appellant shall pay the arrears of the rent Rs.1950/- and amount @ Rs.650/- per month for the period 01.04.2018 to 31.07.2018, interest shall not be payable, by 31.12.2018.
(ii) the appellant shall pay the arrears of the rent Rs.1950/- and amount @ Rs.650/- per month for the period 01.04.2018 to 31.07.2018, interest shall not be payable, by 31.12.2018. He shall further pay the amount for use and occupation of the suit premises @ Rs.1,500/- per month w.e.f. 01st August, 2018 to the respondent-landlord month by month on or before 15th day of the next month. All the above amounts be deposited in the saving bank account of the respondents. The respondent or learned counsel for 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 or counsel for the appellant within a period of two weeks from today. (iii) it is made clear that in case the appellant does 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.