- (1.) HEARD learned counsels for the parties.
(2.) THE plaintiff-respondent filed a suit for eviction and arrears of rent against the appellant-defendant in respect of suit shop, which initially was let-out to appellant-defendant on 02.12.1974 for a period of five years vide a registered lease- deed dated 30.11.1974 on monthly rent of Rs.180/- per month. In the lease-deed it was also agreed that in case after expiry of five years, the shop is not vacated, the defendant has to pay monthly rent @ Rs.300/- per month. However, after expiry of five years period, the defendant-appellant neither paid the rent @ Rs.300/- per month nor vacated the suit shop in question, situated in "Aathuna" Bazar, Churu. The respondent-plaintiff, S.B. CIVIL SECOND APPEAL No.134/1987 Bhani Ram Vs. Sita Ram Decision dt: 25/07/2012 2/4 therefore, filed the present eviction suit on the ground of default of payment in rent and reasonable bonafide need of the landlord. After hearing the parties, the learned trial court vide its judgment and decree dated 30.08.1986 dismissed the eviction suit filed by the plaintiff-respondent. Being aggrieved by the judgment and decree dated 30.08.1986, the plaintiff-respondent filed an appeal before the lower appellate court (District Judge, Churu) and the learned lower appellate court allowed the appeal No.161/1986- Sita Ram Vs. Bhani Ram, reversing the judgment and decree of learned trial court vide its judgment and decree dated 21.09.1987, against which the appellant-defendant is before this Court in the present second appeal under Section 100 of Civil Procedure Code, 1908. After arguing at some length and trying to convince the Court about the substantial question of law framed in the matter vide order dated 03.12.1987 but finding it difficult, the learned counsel for the appellant-defendant, Mr. Ramit Mehta, does not press this second appeal on merit, however, he prayed that adequate period to handover the peaceful and vacant possession of the suit shop may be granted to the defendant. Therefore, in view of undertaking of defendant- S.B. CIVIL SECOND APPEAL No.134/1987 Bhani Ram Vs. Sita Ram Decision dt: 25/07/2012 3/4 tenant to hand-over the peaceful & vacant possession of the suit shop to the plaintiff-respondent on or before 31.01.2014 with conditions given below. Both the learned counsels agree to dispose of this second appeal on the following terms and conditions:- (i) The appellant-tenant undertakes to hand- over the vacant and peaceful possession of the suit premises, in dispute to the respondent on or before 31.01.2014. The respondent shall not execute the impugned decree till 31.01.2014. (ii) The appellant-tenant undertakes to pay or deposit the mesne profit at the rate of Rs.2000/- per month w.e.f. August, 2012 and will further continue to pay the mesne profit each month by 15th day of the next succeeding month or in advance to the respondents. The arrears of mesne profit as determined by the court below, if not already paid, shall also be paid paid by the defendant-appellant and entire amount including the amount already deposited on this account will be disbursed to the plaintiff- landlord. (iii) The appellant further undertakes that he shall not sub-let, assign or part with the possession of the suit premises or any part thereof in favour of any one else and would S.B. CIVIL SECOND APPEAL No.134/1987 Bhani Ram Vs. Sita Ram Decision dt: 25/07/2012 4/4 not create any third party interest in the same during the aforesaid period and if he does so the same will be treated as void. (iv) The appellant shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court by 14th of August, 2012 and one copy thereof along with affidavit in this Court. (v) Learned counsel for respondent-landlord will give the details of his bank account number in which the arrears of rent or mesne profit and regular mesne profit now be paid, will be deposited, within the period of four weeks from today. It is made clear that in case, the appellant-tenant do not comply with any of the aforesaid conditions, then it will be open for the respondent-landlord to get the decree passed in his favour executed even before the aforesaid date i.e. 31.01.2014 and the plaintiff-landlord may also initiate contempt proceedings in this Court.
(3.) WITH the aforesaid terms, conditions and directions, the present second appeal is accordingly dismissed as not pressed. No costs. The cross objections filed by the respondent-plaintiff under Order 41 Rule 22 of CPC on 1988 are also disposed of accordingly.;