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M/S KHAN CHAND LEKH RAJ AND CO v DARGAH COMMITTEE AJMER - CSA Case No. 02610 of 2006 [2006] RD-RJ 3182 (11 December 2006)




S.B. Civil Second Appeal No.02610 Of 2006.

M/s. Khan Chand Lekh Raj & Company, Ajmer.


Dargah Committee, Ajmer.

Date Of Order ::: 11.12.2006.

Hon'ble Mr. Narendra Kumar Jain J.

Mr. Vikrant Gupta, advocate for

Mr. S.R. Joshi, for defendant-appellant

By the Court :

Learned counsel for the defendant-appellant submits that he is not pressing the appeal on merits, therefore, the defects, pointed out by the Office be waived. Prayer made is allowed. The office objection is accordingly waived.

Mr. J.C. Jain, advocate who normally appears on behalf of the Dargah Committee is present, therefore, he is directed to accepts notice on behalf of the respondent.

Heard learned counsel for the defendant- appellant.

Learned counsel for the defendant-appellant, on the instructions of the appellant, does not press this appeal on merits and prays that some reasonable time may be granted to handover the peaceful and vacant possession of the rented premises to the plaintiff- respondent.

Learned counsel for the plaintiff-respondent has no objection in granting time up to 11.12.2007 to the defendant-appellant to hand over the peaceful and vacant possession of the rented premises.

Both the parties agree to dispose off this second appeal on the following terms and conditions :- 1. The defendant-appellant undertakes to hand- over the vacant and peaceful possession of the suit premises, in dispute to the plaintiff respondent on or before 11.12.2007. The plaintiff respondent shall not execute the impugned decree till 11.12.2007. 2. The defendant-appellant undertakes to pay or deposit the entire arrears of mesne profit, if any within a period of one month from today and will further continue to pay the monthly mesne profit by 15th day of the next succeeding month or in advance to the plaintiff respondent. 3. The defendant-appellant further undertake 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 not create any third party interest in the same during the aforesaid period. 4. The defendant-appellant 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 to the opposite party. 5. The defendant-appellant is directed to deposit the amount of all arrears as well as future mesne profits in the Office of the respondent situated at Ajmar.

It is made clear that in case, the defendant appellant does not comply with any of the aforesaid conditions, then it will be open for the plaintiff respondent to get 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.


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