Sant Lal vs Pitar Chand

The present second appeal by the defendant (appellant herein) has arisen out of the suit for eviction and recovery of arrears of rent, filed by the plaintiff-owner of a shop. The learned First Appellate Court, vide its impugned Judgment and Decree dated 19.3.2019, passed in Civil Appeal No.46/2016 (7/2015) (CIS No.7/2015) has affirmed the judgment and decree dated 26.2.2015, passed by the Trial Court, in Civil Original Suit No.18/2014 titled as "Pitar Chand Vs. Sant Lal".

After arguing for some time, when this Court found no case for interference in the concurrent findings recorded by the learned Courts below, the learned counsel for the appellant-defendant, while seeking permission to withdraw the present second appeal, submitted, in the alternative, that reasonable time may be allowed to the appellant to vacate the shop in question, so as to manage his affairs.

Having regard to the facts and circumstances of the case and in the interest of justice, it appears appropriate to allow some time to the appellant-defendant for vacating the shop in question.

Finding no ground to interfere, this second appeal stands dismissed as withdrawn; however, the appellant-defendant is granted time to vacate the shop in question by 30th Nov., 2020 on the following conditions:-

(i) The appellant shall personally submit an undertaking supported by affidavit before the Trial Court to the effect that on or before 30th Nov., 2020 , he shall hand over peaceful and vacant possession of the suit premises to the plaintiff-respondent. He shall also undertake not to cause any damage to the suit premises nor to make any alteration 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 appellant-defendant shall deposit the arrears of rent uptill 30.4.2019 and, thereafter, shall pay mesne profit @ Rs.2,000/- per month from 1.5.2019 to be paid on or before every 7th day of the next month till the vacant possession of the suit property is handed over i.e., on 30.11.2020.

(iii) A undertaking with the affidavit shall be filed by the appellant in the Trial Court by 7.6.2019.

It is made clear that upon appellant's failure to comply with any of the conditions aforesaid or violating any terms of the undertaking, the plaintiff-respondent shall be entitled to execute the decree forthwith, besides initiating proceedings for contempt of court, in accordance with law.

No order as to costs.