Bhagat Ram vs Mohan Singh

Sandeep Sharma, J

By way of instant Regular Second Appeal filed under S. 100 CPC, challenge has been laid to the judgment and decree dated 28.8.2021 passed by learned Additional District Judge-cum-Speical Judge, CBI, Shimla, Himachal Pradesh in Civil Appeal No. 1-T/13 of 2021, affirming judgment and decree dated 24.12.2019 passed by learned Civil Judge (Senior Division), Theog, District Shimla in Civil Suit No. 302/1 of 2016, titled Mohan Singh v. Bhagat Ram, whereby suit for possession having been filed by the respondent plaintiff came to be decreed.

Before the appeal at hand could be admitted on substantial questions of law, if any, learned counsel for the appellant made a statement before this court that the appellant is ready and willing to hand over vacant possession of suit property provided he is given some time. Having taken note of the afore statement of learned counsel for the appellant, this court summoned parties to the court, so that their statements could be recorded. Parties have come present pursuant to said order dated 24.3.2023.

Respondent Mohan Singh is present in court and states that he is ready and willing to give 1 and ½ year to the appellant to vacate the premises subject to the condition that he shall pay use and occupation charges of premises at the rate of Rs.6,000/- per month.

Appellant Bhagat Ram, states on oath before this court that he shall vacate premises in question on or before 39.9.2024 and till that date, he shall keep on paying use and occupation charges at the rate of Rs.6,000 per month. He further states that the use and occupation charges qua the period he remained in possession after order of eviction shall also be deposited by him at the rate of Rs.750 per month on or before 30.6.2023. He states that aforesaid statement is being made by him of own volition and without any external pressure and if he fails to abide by the same, he shall be liable for penal consequences and proceedings under the Contempt of Courts Act.

Apart from aforesaid statement, appellant has also given an undertaking to the above effect, in the shape of affidavit, which is also taken on record.

Consequently in view of compromise arrived inter se parties , nothing remains to be adjudicated in the present appeal and the same is disposed of. judgment and decree dated 28.8.2021 passed by learned Additional District Judge-cum-Speical Judge, CBI, Shimla, Himachal Pradesh in Civil Appeal No. 1-T/13 of 2021 and judgment and decree dated 24.12.2019 passed by learned Civil Judge (Senior Division), Theog, District Shimla in Civil Suit No. 302/1 of 2016, titled Mohan Singh v. Bhagat Ram are accordingly modified. Parties are directed to abide by terms and conditions of compromise given in the shape of undertaking by appellant.

Needless to say, in case appellant fails to hand over vacant possession of the premises in question, on the date specified herein above, respondent shall be at liberty to get present appeal revived enabling this court to take action in accordance with law against appellant for violating the undertaking given in the instant proceedings. Appeal stands disposed of.

Appeal stands disposed of in the afore terms alongwith all pending applications.