DEVI LAL Vs. PURANDAS JI KI BAGICHI TRUST

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) WHILE admitting the present second appeal, the following substantial questions of law were framed by this Court on 22.05.2012: -

(3.) THE appellant-defendant shall hand over the peaceful and vacant possession of the suit shop to the respondent-Trust within a period of six months from today and shall pay mesne profit @ Rs.1000/- per month commencing from July, 2012 and will further continue to pay the mesne profit each month by 15th day of the next succeeding month or in advance to the respondent also and in case there is any default in payment of mesne profit, the period of six months for eviction shall stand reduced and the decree of eviction would become executable forthwith. The tenant shall also not sub- let, assign or part with the possession of the suit premises or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period and the same would be treated as void. The appellant-defendant shall furnish a written undertaking incorporating the aforesaid conditions in the trial court within one month and one copy thereof along with affidavit, in this Court. It is made clear that if the peaceful and vacant possession of the suit shop is not handed over to the respondent-landlord within a period of six months from today, besides execution of the decree in normal course, the respondent-plaintiff shall also be entitled to invoke contempt jurisdiction of this Court.