Parveen Kumar vs Vijay Laxmi And Others

Ajay Mohan Goel, J

As jointly prayed for, this appeal is being disposed of today itself.

Brief facts necessary for adjudication of the present appeal are that a suit for declaration, possession and permanent prohibitory injunction was filed by respondents No.1 and 2 herein against the appellant and proforma respondents No.3 and 4. The suit was decreed by the Court of learned Civil Judge (Junior Division), Court No.1, Solan, District Solan, H.P., vide judgment and decree dated 30.08.2017 in the following terms:-

"This suit coming on this 30th August, 2017 for final disposal before me (Pratibha Negi) (Jr. Div.) Solan in the presence of Sh. N.K. Bhalla, Ld. Advocate of the plaintiff and Sh. Subhash Vermani, Adv. for defendant. In view of my findings and discussions on the aforesaid issues, the suit of the plaintiffs is decreed partly with costs to the effect that defendants are declared trespasser having no right or title over the suit property i.e. shop shown as 'ABCD' in site plan Ex.PW-6/A located in building No.171, comprised in Survey No.148 situated at Lower Bazar Subathu Distt Solan H.P. and plaintiffs are held entitled to relief of vacant possession from defendants of the suit property as detailed above. Further, defendants are hereby restrained from causing any kind of interference in any manner over the suit property either personally or through family members etc., except in accordance with law. The plaintiffs are also held entitled to relief of mesne profits @ Rs.100/- per day from defendants for illegal use and occupation of suit property from date of decree till date of possession of suit property to the plaintiffs."

Appellant herein filed an appeal against the same, which was dismissed by the learned Appellate Court

on 20.12.2018 by affirming the judgment and decree passed by the learned Court below.

Feeling aggrieved, the appellant has preferred this regular second appeal.

When this matter was on 24.09.2020, the following order was passed:-

"When this case was taken up for consideration, learned Counsel for the appellant submits that he has instructions to submit that in case the landlord/ respondents agree, then these proceedings can be closed by taking on record the undertaking of the appellant that he shall vacate the premises in dispute on or before 31.10.2021.

Learned Counsel for respondents No.1 and 2/ landlords submits that the time to vacate the premises can be granted up to 31.10.2021, provided entire arrears of mesne profits are paid by the appellant within some reasonable time and as from the month of October, 2020 upto the month of October, 2021, regular monthly mesne profits are paid before 10th of each month.

Before any final order is passed in this appeal, the case is ordered to be listed on 12.10.2020, to enable the appellant to file an undertaking to the effect that he shall vacate the premises in issue on or before 30.10.2021 and shall also pay the arrears of mesne profits in two installments and regular mesne profits per month as from the month of October, 2020 onwards. It shall be categorically mentioned in the undertaking that appellant understands the consequences of the breach thereof including the factum of the same amounting to contempt of Court."

Thereafter, when the case was listed on 12.10.2020, the following order was passed:-

"Learned Counsel for the appellant submits that the undertaking in terms of order dated 24.09.2020 has been filed with the Registry of this Court and the only further indulgence which the appellant is seeking is this that he may be permitted to deposit the arrears of mesne profit by way of three installments. Learned Counsel for respondents No.1 and 2 submits that he has not yet received the copy of this undertaking. Learned Counsel for the appellant undertakes to supply the same during the course of the day itself to learned Counsel for respondents No.1 and 2. As prayed for, list on 14.10.2020. Registry is directed to place the undertaking on record, if in order."

The appellant has filed an undertaking dated 26.09.2020, which is ordered to be taken on record. In view of the undertaking so given by the appellant, this appeal is disposed of by consent intra the appellant and respondents No.1 and 2/plaintiffs by observing that the appellant shall vacate the demised premises on or before 31.10.2021 and vacant possession thereof shall be handed over to respondents No.1 and 2/plaintiffs. Arrears of mesne profit shall be paid in three equal instalments on or before 10.11.2020, 10.12.2020 and 10.01.2021. In addition, mesne profit at the rate of Rs.3000/- per month shall also be regularly paid by the appellant in the joint bank account of respondents No.1 and 2/plaintiffs commencing from the month of October, 2020 uptil 31st October, 2021, or till any earlier date in case the premises is vacated before 31.10.2021. Mesne profit shall be paid by the appellant commencing from November, 2020, before 10th day of the said month. As far as month of October, 2020 is concerned, mesne profit be paid before 31st October, 2020.

The appeal stands disposed of in the above terms, without interfering with the judgment and decree passed by the learned Court below. Particulars of joint bank account of respondents No.1 and 2/plaintiffs shall be supplied to the learned counsel for the appellant within a week. It stands clarified that breach of undertaking so given by the appellant shall entail consequences including action for filing of a wrong undertaking before the Court. Pending miscellaneous application(s), if any, stand disposed of.