RAM CHANDRA KRISHAN CHANDRA Vs. SANSAR CHANDRA KAPOOR

JUDGEMENT

(1.) RFAS 717/2010, 506/2014, 507/2014 & CM 2323/2015 (under Order 23 Rule 3 of the CPC) Parties have amicably resolved all their disputes and have filed joint application CM 2323/2015 under Order 23 Rule 3 of the Code of Civil Procedure. The application is signed by both the parties and is supported by their respective affidavits. CM 2323/2015 and the affidavits/ undertakings filed along with the application are marked as Ex.C -1 (Colly.)

(2.) AS per the settlement Ex.C -1, the appellants have undertaken to handover the vacant and peaceful possession of the suit property to the respondent on or before 6th January, 2017. The appellants have also undertaken to pay Rs.2,50,000/ - per month for use and occupation of the suit property during the aforesaid period. The appellants have handed over 24 post dated cheques to the respondent. The appellants have also cleared the previous arrears of outstanding of rent/damages @ Rs.10,000/ - per month w.e.f. 1st May, 2010 till 31st December, 2014 totaling Rs.5,60,000/ -.

(3.) LEARNED counsel for the appellant submits that the appellant's sister concern M/s. Ram Chander Krishan Chander Saree Store, a partnership firm is in occupation of the suit property along with the appellants and the said firm has also given an undertaking to abide by the terms of the settlement. M/s. Ram Chander Krishan Chander Saree Store, the sister concern of the appellants has three partners, namely, Mrs. Mala Rastogi, Mrs. Nisha Rastogi, Mrs. Chander Lekha Rastogi out of which two partners Mrs. Mala Rastogi and Mrs. Nisha Rastogi have given their undertaking. With respect to the third partner, namely, Mrs. Chander Lekha Rastogi, the learned counsel for the appellant submits that her undertaking shall be filed by 31st March, 2015.