SMT. RAGINI BHAGAT Vs. SMT. KARISHMA SAXENA

JUDGEMENT

(1.) Pursuant to order dated 25.1.2012 Smt. Karishma Saxena (Opposite Party) is present and is represented by Sri Satyajit Mukherji, Advocate. Sri Mukherji has produced before the Court an original copy of the possession memo whereby the possession of the premises in question has been handed over to the applicant Smt. Ragini Bhagat on 5.2.2012 before the Police of Police Station, Indirapuram, District Ghaziabad. The original after perusal is returned to Sri Mukherji, learned Counsel for the opposite party. Sri Ashok Kumar Pandey, learned Counsel for the applicant admits that the possession has been delivered to the applicant on 5.2.2012. Sri Mukherji in view of above has submitted that as the directions of the Writ Court have been complied with the notices may be discharged and the application be consigned to record. On the other hand Sri Ashok Kumar Pandey, learned Counsel for the applicant has submitted that the opposite party has still not paid the decretal amount and further despite undertaking given before this Court she did not vacate the premises and, therefore, she should be put to heavy costs so that the applicant may be duly compensated for the harassment and loss suffered.

(2.) Having considered the submissions advanced in the opinion of the Court the decretal amount is to be recovered in the execution of decree, as the Writ Court had not passed any order for deposit of the decretal amount. However, as the opposite party violated the undertaking by not vacating the premises on or before 23.9.2011, i.e., the time when the period of three months expired from the date of the order of the Writ Court and continued to occupy the premises in question till 5.2.2012, she is directed to pay damages at the rate of Rs. 3,000/- per month for the four months, i.e., October, November, December, 2011 and January, 2012 in addition to and over and above the admitted rent of Rs. 3,000/- per month. The additional amount of Rs. 12,000/- shall be paid within a month from today by way of a bank draft to the applicant. The bank draft should be drawn in favour of the applicant and should be payable at Ghaziabad. In case the said amount of Rs. 12,000/- which is the additional amount over and above rent for the period of occupation till 5.2.2012 is not paid, it would be open to the applicant to file an application in the present contempt proceedings. It is made clear that in the execution of the decree the applicant would be entitled to recover the rent/damages up to 5.2.2012 at the admitted rate of rent of Rs. 3,000/- per month. In view of above, notices are discharged. Application is consigned to record.