Babu Lal Saini and Others vs Kishan Chand and Others

Narendra Kumar Jain, J.—Learned Counsel for the Appellants on instruction of Appellant No. 2 Manoj, who is present in person in Court and on behalf of other Appellants does not press the appeal on merits and prays for grant of time one year''s time to hand over vacant and peaceful possession of the rented premises to the Plaintiff-Respondents.

Learned Counsel for the Respondents on instructions of Shri Praveen S/o Kishan Chand-Respondent No. 2. who is present in person in the Court and on instructions of other Respondents agreed to grant one year''s time to Appellants to vacate the disputed premises.

Both the parties have agreed to the following terms and conditions:

The Defendant-Appellants undertake to hand over vacant and peaceful possession of the rented premises in dispute to the Plaintiff-Respondents on or before 18th March, 2012. The Respondents shall not execute the impugned decree of eviction till 18th March, 2012.

The Appellants undertake to pay or deposit the arrears of rent, if any, within a period of two months from today and will continue to pay or deposit future mesne profit by 15th day of each succeeding month or in advance to the Respondents till the actual date of delivery of the possession of the rented premises.

The Appellants further undertake that they will not sublet, assign or part with the possession of the rented premises or any part thereof in favor of anyone else and would not create any third party interest in the same during the aforesaid period.

The Appellants shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court or before this Court within a period of one month from today with an advance copy to the learned Counsel for the Respondents.

If the Appellants do not comply with any of the aforesaid terms and conditions and/or fail to make the payment of arrears of rent/mesne profit within two months or future mesne profit/rent for consecutive three months, then it will be open for the Respondents to get the decree of eviction passed in their favor executed even before the aforesaid date and to initiate contempt proceedings in this Court.

With the aforesaid terms and conditions and directions, the second appeal is dismissed as not pressed.

Since the main writ petition has been dismissed today, this stay application does not survive and the same also stands dismissed.