Rajasthan High Court - Jodhpur
Brij Mohan & Ors vs Satish Chandra on 7 November, 2008
Author: Vineet Kothari
Bench: Vineet Kothari
CSA - 299/2008- Brij Mohan & Anr. Vs. Satish Chandra. Judgment dt.7.11.08
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S.B.CIVIL SECOND APPEAL NO.299/2008
Brij Mohan & Anr. Vs. Satish Chandra.
DATE OF JUDGMENT : 7.11.2008
HON'BLE DR.JUSTICE VINEET KOTHARI
Mr. Shambhoo Singh for the appellants.
Mr. R.K. Thanvi for the respondent.
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1. This 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 31.12.2009 with conditions given below.
2. Both the parties agree to dispose of this second appeal on the following terms and conditions:-
(i) The both appellants undertake to hand-over the vacant and peaceful possession of the suit premises, in dispute to the respondent on or before 31.12.2009. The respondent shall not execute the impugned decree till 31.12.2009.
(ii) The appellants undertake to pay or deposit the mesne profit at the rate of Rs.1500/- per month w.e.f. November, 2008 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 both the appellants further undertake that they shall not further sub-let, assign or part with CSA - 299/2008- Brij Mohan & Anr. Vs. Satish Chandra. Judgment dt.7.11.08 2/2 the possession of the 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 both the appellants shall furnish separate written undertakings incorporating the aforesaid conditions in the Trial Court by 30th November, 2008 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 of 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 appellants-tenants including appellant No.2 do 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 appeal is accordingly dismissed as not pressed. No costs.
[ DR. VINEET KOTHARI ], J.
item No.s/4 babulal/-