Ramanlal Goyal vs Devendra Singh Kurmi

Learned counsel for the rival parties are heard through video conferencing.

Learned counsel for the appellant after taking instruction from the appellant who is tenant herein seeks and is permitted to withdraw this second

appeal subject to the tenant vacating the accommodation in question latest by 30th June, 2021 as per the consensus arrived at between the rival

parties.

Considering the amicable settlement arrived at between the parties, in my considered opinion, the judgment and decree passed by the first appellate

court dated 24.02.2020 in Civil Appeal No.33/2019 is hereby confirmed subject to granting time till 30.06.2021 to vacate the premises by consent

subject to the following conditions:-

The appellant shall file an affidavit/undertaking with the trial Court within 15 days from today that he shall vacate the suit premises on or before

30/6/2021 and during such period its possession shall not be parted with to any other person.

 2. It be also specified in the said affidavit/undertaking that tenant/defendant shall satisfy the money part of the decree within one month and shall

continue to pay regular rent on or before 15th day of every month.

In case of failure to submit affidavit/undertaking as aforesaid or non-compliance of any of the conditions as stipulated hereinabove, the respondent-

landlord would be at liberty to execute the decree.

It is further directed that if the possession of accommodation in question is not delivered as per undertaking on or before 30/6/2021 then the tenant

shall pay mesne profit at the rate of Rs.1,000/- per day w.e.f. 1. 07.2021 till eviction either voluntarily or through execution and the said amount of

mesne profit shall be treated as a part of decree upheld herein to be recoverable in execution.

Present appeal stands disposed of in above terms.