YUDHISTER SEN Vs. MAHESH CHAND

JUDGEMENT

(1.) During the course of the submissions, the parties have compromised. The learned counsel for the petitioner has stated at the Bar that tenant will vacate the demised premises by 30.6.2001 and hand over the actual physical possession to the respondent-landlord and if the petitioner does not deliver the actual physical possession to the respondent- landlord, the landlord will always be entitled to take the physical possession through the court of law. Counsel for tie petitioner has also submitted that his client will give an undertaking before the Rent Controller within one month from today stating that the demised premises are in hi occupation and he shall deliver the actual physical possession of the demised premises to the respondent after removing the super-structure which has been raised by the petitioner in front of the demised premises on the municipal land which is on tehbazari with the petitioner. If the undertaking is not given, it will always be open to the landlord to file execution application and to take the possession of the demised premises according to law prior to 30.6.2001.

(2.) The offer given by the learned counsel for the petitioner has been accepted by the learned counsel for the respondent.

(3.) In view of the above, compromise arrived at between the parties, the present revision is hereby dismissed and the petitioner is granted time upto 30.6.2001 to vacate the demised premises and hand over the actual physical possession to the landlord. If the possession is not given by 30.6.2001, it will always be open to the respondent-landlord to file an execution in the competent court of jurisdiction. The petitioner shall also give an undertaking before the trial court/successor court within one month from today stating that the demised premises are in his occupation and he shall deliver the actual physical possession of the demised premises to the respondent and not to anybody else, after removing the super-structure which has been raised by the petitioner in front of the demised premises on the municipal land which is on tehbazari with the petitioner. If the undertaking is not given within one month from today, it will always be open to the landlord to file execution application and to take the possession of the demised premises forthwith according to law prior to 30.6.2001. Order accordingly.