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Chaganlal Parmar vs Daya Ram Chouhan

Madhya Pradesh High Court · Decided on 7 September 2012 · Citation: (2012) 09 MP CK 0157

HON’BLE JUDGES
Alok Aradhe, J
CASE NUMBER
Review Petition No. 649 of 2012

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Judgment

8 paragraphs · 270 words

Alok Aradhe, Judge

1.

This petition has been filed for review of the judgment dated 17.7.2012 passed by this Court in Second Appeal No. 449/2000 Learned Counsel for the petitioner submitted that the petitioner is in possession of the suit house and therefore, reasonable time be granted to the petitioner to vacate the same.

2.

Learned Counsel for the respondent submits that he has no objection in granting reasonable time to the petitioner for vacating the premises in question.

3.

In view of the submissions made by Learned Counsel for the parties and in the facts of the case, the judgment dated 17.7.2012 passed by this Court is modified as follows :

(i) In case the petitioner furnishes an undertaking before the trial Court, within a period of 15 days from the date of receipt of certified copy of the order passed today, that he would vacate the premises in question within a period of two months and that he will not create any third party interest of any sort in respect of the suit accommodation and handover the possession of the premises to the respondent in peaceful manner after expiry of period of two months from today.

(ii) That the petitioner also tender all arrears of rent alongwith the cost and shall comply the provision of Section 13(1) of the Madhya Pradesh Accommodation Control Act, 1961 for the period during which the petitioner remains in the possession of the aforesaid accommodation.

(iii) In case of the aforesaid conditions are violated, the decree shall become executable forthwith.

4.

Accordingly, the review petition is disposed of. Certified copy as per rules.