Kuldeep vs Sita Ram

Arun Bhansali, J.—After attempting to make submissions for sometime on merits of the appeal, learned counsel for the appellants submits that the appellants may be granted extra time for vacating the suit premises.

Learned counsel for the parties were heard regarding grant of extra time to vacate the suit premises.

Learned counsel for the appellants submits that the appellants are running a photo studio in the suit premises and they may be granted time till July, 2016 for vacating the suit premises.

Learned counsel for the respondent opposed the prayer for grant of time. It was submitted that the suit was filed in the year 2000 and the suit was decreed in the year 2003; a meager licence fee of Rs. 1,000/- per month is being paid and in case time is granted, then reasonable amount of mesne profit may be directed to be paid.

Having regard to the facts and circumstance of the case, it appears appropriate to allow time to the appellant to vacate the suit premises by 30th June, 2015 and allow mesne profit to the respondent until the appellants vacate the suit premises @ Rs. 2,000/- per month from the month of July, 2014 till June, 2015.

In view of the above, the learned counsel for the appellants seeks withdrawal of the appeal and the same is, therefore, dismissed as withdrawn. However, the appellants are granted time to vacate the suit premises by 30th June, 2015 on the following conditions:-

(i) the appellants shall submit an undertaking supported by affidavit before the trial court within 3 weeks from today to the effect that on or before 30th June, 2015 they shall handover the peaceful and vacant possession of the suit premises to the plaintiff-respondent. They shall also undertake not to cause any damage to the suit premises nor to make any alternation and not to assign 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 appellants shall deposit within three weeks the arrears, if any, of the mesne profit and of the decreetal amount and shall further pay to the respondent the amount for use and occupation of the suit premises @ Rs. 2,000/- per month w.e.f. 01st July, 2014 or deposit the same in the saving bank account of the respondent month by month on or before 15th day of the next month. The respondent or learned counsel for the respondent 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 appellants or counsel for the appellants within a period of two weeks from today.

(iii) it is made clear that in case the appellants do not comply with any of the aforesaid conditions or violate any terms of the undertaking, then it will be open for the respondent to get the decree executed forthwith in accordance with law. No costs.