Jaspal Singh v. Bhushan Kumar & Ors

1. Learned counsel for the caveator puts in appearance. The caveats stand discharged. RSA 243/2015 and C.M. Nos.12290-91/2015; RSA 244/2015 and C.M. Nos.12292-93/2015; and RSA 245/2015 and CM.Nos.12294-95/2015

2. After some arguments, on instructions from the appellant Jaspal Singh, who is present in Court, learned counsel for the appellant submits that the appellant gives up the challenge to the impugned judgment and decree dated 29.04.2015 passed by the learned Appellate Court in RCA 2015:DHC:11991 Nos.57-59/2010. Learned counsel submits thatthe appellant accepts thatthe rent ofthe suit premises was ^.3,685/- per month, apart from water and electricity charges. The appellant seeks six months time to vacate the suit premises.

3. The respondent caveator is present along with his counsel. He is agreeable to grant six monthis time to the appellant to vacate the suit premises on the condition that he makes payment of the arrears of rent, which is the difference between Rs.3,685/- and Rs.3,025/- for the period from the year 1991 onwards. He further submits that the appellant should give an undertaking to the Court to vacate the suit premises and handover vacant and peaceful possession ofthe suit premises to the respondent on or before expiry ofthe said period ofsix months. He further submits that the appellant shall continue to pay Rs.3,685/- per month towards damages for the period ofhis occupation.. ^

4. The appellant is agreeableto comply with the aforesaid conditions.

5. Accordingly, it is directed that the appellant shall furnish an undertaking to this Court that'he shall handover possession of the vacant possession ofthe suit premises to the respondent on or before the expiry of six months, i.e. on or before 311.01.2015; and that he shall continue to pay the damages every month in advance by the fifth day ofeach calendar month @ Rs.3,685/- per month; and he shall pay the arrears of rent, i.e. the different between Rs.3,685/- and Rs.3,025/- fifohi the year 1991 onwards within one month; and that hie shall not part with possession of the suit premises to any other party, or induct any other party in the suit premises. I -:■

6. The aforesaid undertaking shall be filed within two weeks from today with advance copy to learned counselfor the respondents.

7. The aforesaid undertaking, when furnished, shall be deemed to have been accepted by this Court and the appellant shall remain bound by the same. In ease the undertaking is not so filed, or the same is breached, the decree shall become executable forthwith.

8. The costs imposed upon the appellant by the First Appellate Court shall stand waived, provided all the above conditions are complied with by the appellant.

9. The respondents shall not execute the decree in case all the aforesaid conditions are complied with by the appellant.

10. The appeals stand disposed ofin the above terms.

VIPIN SANGHI,J JULY 15,2015 B.S. Rohella