M/s. Vansimal Kalachand. Vs. Harish Chand Rustogi.
EmailAppeal: Civil Appeal No. 1772 of 1973.
Petitioner: M/s. Vansimal Kalachand.
Respondent: Harish Chand Rustogi.
Apeal: Civil Appeal No. 1772 of 1973.
Judges: M.P. THAKKAR & B.C. RAY, JJ.
Date of Judgment: Feb 17, 1987
Head Note:
SUIT FOR RECOVERY OF POSSESSION:
Appellant to hand over the possession – Appellant allowed to retain the premises till August 31, 1987 subject to filing an of undertaking in the Court.
JUDGEMENT:
JUDGMENT
1. Having considered all the facts and circumstances of the case we do not think that in this case any interference with the order passed by the High Court is called for. We, therefore, confirm the decision of the High Court and dismiss the appeal with no order as to costs. However, we direct that the appellant should not be dispossessed till August 31, 1987 provided the appellant files an undertaking in this Court within four weeks from today to the following effect :-
1. That the appellant will hand over vacant and peaceful possession of the suit premises to the respondent on or before August 31, 1987.
2. That the appellant will pay to the respondent arrears, if any of the monthly compensation within one month from today.
3. That the appellant will pay to the respondent future compensation for use and occupation of the suit premises month by month preferably on or before the 10th of every month.
4. That the appellant will not induct any other person in the suit premises.
2. We further direct that in default of compliance with any one or more of these conditions or if the undertaking is not filed as required within the stipulated time, the decree shall become executable forthwith.
Appeal dismissed.
1. Having considered all the facts and circumstances of the case we do not think that in this case any interference with the order passed by the High Court is called for. We, therefore, confirm the decision of the High Court and dismiss the appeal with no order as to costs. However, we direct that the appellant should not be dispossessed till August 31, 1987 provided the appellant files an undertaking in this Court within four weeks from today to the following effect :-
1. That the appellant will hand over vacant and peaceful possession of the suit premises to the respondent on or before August 31, 1987.
2. That the appellant will pay to the respondent arrears, if any of the monthly compensation within one month from today.
3. That the appellant will pay to the respondent future compensation for use and occupation of the suit premises month by month preferably on or before the 10th of every month.
4. That the appellant will not induct any other person in the suit premises.
2. We further direct that in default of compliance with any one or more of these conditions or if the undertaking is not filed as required within the stipulated time, the decree shall become executable forthwith.
Appeal dismissed.
