Madan Singh Patyal vs Krishan Gopal

Ajay Mohan Goel, J

By way of this regular second appeal, the appellant herein has challenged the judgment and decree passed by the Court of learned Civil Judge (Senior Division), Dehra, District Kangra, in Civil Suit No. 162 of 2012, titled as Krishan Gopal vs Madan Singh Patial, dated 24.12.2016, as well as the judgment and decree passed in appeal by the Court of learned Additional District Judge-II, Kangra at Dharamshala, H.P. dated 01.11.2018, in Civil Appeal No. 9-G/2017, titled as Madan Singh Patial vs. Krishan Gopal.

Today, a statement has been recorded of the appellant in the Court on oath wherein he has undertaken to vacate the demised premises on or before 31st of August, 2022. On the basis of this statement of his, learned Counsel for the parties are ad idem that that these proceedings can be put to a quietus, without disturbing the judgments and decrees passed by learned Courts below but with the observation that the same stand modified to the extent that the possession of the demised premises can be retained by the appellant/defendant up to 31st August, 2022, in lieu of the payment of use and occupation charges as fixed by this Court.

Accordingly, these proceedings are ordered to be closed, without disturbing the findings returned by the learned Courts below and by taking the statement as well as undertaking given the appellant on record, which shall form part of the decree.

It goes without saying that the use and occupation charges shall be paid by the appellant on or before the tenth of each month to the respondent-plaintiff.

The appeal stands disposed of in above terms, so also pending miscellaneous application(s), if any.