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U O I v ONKAR DAS AND ORS - CSA Case No. 389 of 2006 [2006] RD-RJ 3102 (5 December 2006)





S.B. Civil Second Appeal No.389/2006

Union of India & Others ...defendant-appellants


Onkar Das S/o Shri Chandra Das ...plaintiff-respondent

Date of Order ::: 05.12.2006


Hon'ble Mr. Justice Narendra Kumar Jain

Shri Sita Ram Samota, Advocate, for

Shri Tej Prakash Sharma, Counsel for appellants

Shri Tarun Jain, Counsel for respondent ####

By the Court:-

Learned counsel for the defendant-appellants does not press this appeal on merits and prays for grant of some reasonable time to handover the vacant and peaceful possession of the rented premises. He has also filed copy of the application dated 4.12.2006 duly signed by Shri R.D. Meena, Superintendent, Post

Office, Sawai Madhopur Zone, Sawai Madhopur, on behalf of the appellants, to grant time up-to 30th of June, 2007 to handover the vacant and peaceful possession of the rented premises to the plaintiff-respondent. The application dated 4.12.2006 is also taken on the record along with a copy of the tender notice dated 20.11.2006. The learned counsel for the respondent has no objection in granting time to the appellants to vacate the premises up-to 30th of June, 2007.

Both the parties have agreed to the following terms and conditions:- 1.The defendant-appellants undertake to hand-over the vacant and peaceful possession of the rented premises, in dispute, to the plaintiff-respondent on or before 30th of June, 2007. The plaintiff-respondent shall not execute the impugned decree till 30th of June, 2007. 2.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. 3.The defendant-appellants further undertake that they shall not sub-let, 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. 4.The defendant-appellants shall furnish a written undertaking incorporating the aforesaid conditions, in the Lower

Court within a period of four weeks from today, with an advance copy thereof to the plaintiff-respondent. 5. 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 the plaintiff- respondent then the 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 the defendant- appellants to deposit the amount, as directed above, in the lower court 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 the 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 the aforesaid terms, conditions and directions, the second appeal is accordingly dismissed as not pressed.

(Narendra Kumar Jain) J. //Jaiman//


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