KAMALJIT Vs. RAMESH KUMAR

JUDGEMENT

(1.) DEFENDANT /tenant is in second appeal against the judgement of reversal dated 31.1.2013 passed by the learned Additional District Judge, Jalandhar whereby in a suit for possession and recovery, after issuance of notice under Section 106 of the Transfer of Property Act, the defendant has been ordered to handover the possession of the demised premises comprising one shop measuring 15' x 11'4" situated at Main Bazar, Shankat Patti Takhar, Tehsil Nakodar, District Jalandhar alongwith arrears of rent.

(2.) AT the time of hearing, learned counsel for the defendant/appellant on instructions from the appellant, who is present in Court prays for grant of some reasonable time to vacate the demised premises. To show his bona fide, the appellant has brought a demand draft in favour of landlord/plaintiff no.1 Ramesh Kumar for a sum of Rs.50,000/ - towards the arrears of rent in terms of the decree. Notice of motion.

(3.) IN response, learned counsel for the appellant readily accepts the offer made on behalf of the respondents/plaintiffs - landlords. In view of the aforesaid agreed stand, the present Regular Second Appeal is disposed of with the direction that the appellant/defendant -tenant is granted 1 1/2 year's time commencing w.e.f. 1.11.2013 for making alternative arrangement to shift his business and that he shall hand over actual, physical, vacant and peaceful possession of the demised shop to the respondents/landlords on or before 30.4.2015. The petitioner shall also clear arrears of rent, if any, at the pre determined rate of rent. Further the petitioner shall pay future rent @ Rs.1000/ - per month in advance by 7th of every month for the 1 1/2 years granted to him commencing from 1.11.2013.