Smt. Kishni Bai and Others vs Ajay Kumar

Mohammad Rafiq, J.—Learned counsel for defendant-appellant, under the instructions of defendant-appellants, does not press this appeal on merits and prays that may be granted three years time to handover peaceful and vacant possession of the rented premises to the plaintiff-respondent. Learned counsel for the plaintiff-respondent, under the instructions of plaintiff-respondent, submits that reasonable time may be granted to the defendant-appellants for this purpose. He has no objection in granting time up-to 31st of March, 2015, to the defendant-appellants to handover peaceful and vacant possession of the rented premises. Both the parties have agreed to the following terms and conditions:--

The defendant-appellants undertake to hand-over vacant and peaceful possession of rented premises, in dispute, to plaintiff-respondent on or before 31st of March, 2015. The plaintiff-respondent shall not execute the impugned decree till 31st of March, 2015.

The defendant-appellants undertake to pay or deposit the entire arrears of mesne profit/rent, if any, within a period of one month from today and will further continue to pay the monthly mesne profit/rent by 15th day of each succeeding month or in advance to the plaintiff-respondent.

The defendant-appellants further undertake that they shall not sublet, assign or part with the possession of the rented premises or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period.

The defendant-appellants shall furnish a written undertaking incorporating the aforesaid conditions, in the court below within a period of four weeks from today, with an advance copy thereof to the plaintiff-respondent.

The plaintiff-respondent shall furnish his bank account to the defendant-appellants or their counsel within a period of two weeks from today. In case, the details of the bank account are furnished by plaintiff-respondent then defendant-appellants are directed to deposit the amount of all arrears as well as future mesne profits in the said bank account of the plaintiff-respondent. In case the details of the bank account are not furnished by the plaintiff-respondent then it will be open for defendant-appellants to deposit the amount, as directed above, in the court below itself.

It is made clear that in case the defendant-appellants do not comply with any of the aforesaid conditions, then it will be open for plaintiff-respondent to get the decree passed in his favour executed even before the aforesaid date and to initiate contempt proceedings in this court.

With aforesaid terms, conditions and directions, the second appeal is accordingly dismissed as not pressed. Consequent upon dismissal of appeal itself, stay application, filed therewith, does not survive and same is also dismissed.