Jumma Mohammad Ali vs Kamal Kumar And Ors

After attempting to make submissions for some time, learned counsel for the petitioner prays for extra time to vacate the premises and submits that

the petitioner is prepared to pay enhanced mesne profit.

With the consent of learned counsel for the parties, it would be appropriate to allow time to the petitioner to vacate the suit premises by 28th February,

2021 and allow mesne profit to the respondents until the petitioner vacates the suit premises @ Rs.3,000/- per month from 15.03.2019 till 28th

February, 2021.

In view of the above, learned counsel for the petitioner seeks withdrawal of the writ petition and the same is, therefore, dismissed as withdrawn. The

stay application is also dismissed.

However, the petitioner is granted time to vacate the suit premises by 28th February, 2021 on the following conditions:-

(i) the petitioner shall submit an undertaking supported by affidavit before the Rent Tribunal within a period of three weeks from today to the effect

that on or before 28th February, 2021, he shall handover the peaceful and vacant possession of the premises to the respondent-landlord. He shall also

undertake not to cause any damage to the premises nor to make any alternation and not to assign/sublet or in any manner part with possession to any

other person and not to put the premises to any use other than the present use and not to cause any nuisance.

(ii) the petitioner shall deposit the arrears within a period of six weeks, if any, of the rent/mesne profit and of the decreetal amount including the

enhanced mesne profits from 15.03.2019 to February, 2020 and shall further pay to the landlord the amount for use and occupation of the premises @

Rs.3,000/- per month w.e.f. 01st March, 2020 or deposit the same in the saving bank account of the respondent-landlord month by month on or before

15th day of the next month. The respondent-landlord or learned counsel for the respondents will give the details of the bank account, in which, the

arrears of rent or mesne profit/month to month mesne profit will be deposited, to the petitioner or counsel for the petitioner within a period of two

weeks from today.

(iii) it is made clear that in case the petitioner does not comply with any of the aforesaid conditions or violates any terms of the undertaking, then it will

be open for the respondent-landlord to get the recovery certificate executed forthwith in accordance with law.

No costs.