BHAGAT RAM Vs. MOHAN SINGH

JUDGEMENT

(1.) By way of instant Regular Second Appeal filed under S. 100 CPC, challenge has been laid to the judgment and decree dtd. 28/8/2021 passed by learned Additional District Judge-cum-Speical Judge, CBI, Shimla, Himachal Pradesh in Civil Appeal No. 1-T/13 of 2021, affirming judgment and decree dtd. 24/12/2019 passed by learned Civil Judge (Senior Division), Theog, District Shimla in Civil Suit No. 302/1 of 2016, titled Mohan Singh v. Bhagat Ram, whereby suit for possession having been filed by the respondent plaintiff came to be decreed.

(2.) Before the appeal at hand could be admitted on substantial questions of law, if any, learned counsel for the appellant made a statement before this court that the appellant is ready and willing to hand over vacant possession of suit property provided he is given some time. Having taken note of the afore statement of learned counsel for the appellant, this court summoned parties to the court, so that their statements could be recorded. Parties have come present pursuant to said order dtd. 24/3/2023.

(3.) Respondent Mohan Singh is present in court and states that he is ready and willing to give 1 and - year to the appellant to vacate the premises subject to the condition that he shall pay use and occupation charges of premises at the rate of Rs.6,000.00 per month.