Rajasthan High Court - Jodhpur
Takhat Singh & Ors vs Lr'S Of Smt. Shanti on 2 July, 2012
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. CIVIL SECOND APPEAL NO.134/2012
(TAKHAT SINGH & ORS. VS. SMT. SHANTI THROUGH HER LRs)
DATE OF JUDGMENT:02.07.2012
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S.B. CIVIL SECOND APPEAL NO.134/2012
TAKHAT SINGH & ORS.
VS.
SMT. SHANTI THROUGH HER LRs
JUDGMENT
DATE OF JUDGMENT : 02.07.2012 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Suresh Shrimali, for the appellants-defendants.
1. This appeal is dismissed as not pressed in view of undertaking of defendants-tenants to hand over the peaceful & vacant possession of the suit premises to the plaintiff on or before 02.01.2014 with conditions given herein below.
2. The appellants-defendants are agree to dispose of this second appeal on the following terms and conditions:-
(i) The appellants undertake to hand-
over the vacant and peaceful possession of the suit premises, in dispute to the respondents on or before 02.01.2014. The respondents shall not execute the impugned decree till 01.06.2014.
S.B. CIVIL SECOND APPEAL NO.134/2012 (TAKHAT SINGH & ORS. VS. SMT. SHANTI THROUGH HER LRs) DATE OF JUDGMENT:02.07.2012 2/3
(ii) The appellants undertake to pay or deposit the mesne profit at the rate of Rs.3,000/- per month w.e.f. July, 2012 and will further continue to pay the mesne profit each month by 15th day of the next succeeding month or in advance to the respondents.
(iii) The appellants further undertake that they shall not sub-let, assign or part with 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 appellants shall furnish a written undertaking incorporating the aforesaid conditions in the Lower Court by 15th July, 2012 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.
S.B. CIVIL SECOND APPEAL NO.134/2012 (TAKHAT SINGH & ORS. VS. SMT. SHANTI THROUGH HER LRs) DATE OF JUDGMENT:02.07.2012 3/3
3. It is made clear that in case, the appellants-
tenants 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.
(DR. VINEET KOTHARI)J. Anil/ Item No.5