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Baldev Raj Vs. Janak Raj - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1000 of 1978
Judge
Reported in(1982)2SCC371
AppellantBaldev Raj
RespondentJanak Raj
Excerpt:
- [baharul islam and; e.s. venkataramiah, jj.] -- rent control and eviction — eviction — appeal disposed of in terms of settlement of dispute between the parties — civil procedure code, 1908, order 23 rule 3 -- the respondent will not execute the decree for eviction till the end of january 1985 provided the appellant files an undertaking within four weeks containing the following terms. that the appellant will hand over vacant and peaceful possession of the suit premises to the respondent before the end of january 1985......the following terms:(a) that the appellant will hand over vacant and peaceful possession of the suit premises to the respondent before the end of january 1985;(b) that the appellant will pay to the respondent arrears of rent, if any, within two months from today;(c) that the appellant will pay to the respondent future compensation at the rate equivalent to the monthly rent for use and occupation of the suit premises month by month before the 10th of every month; and(d) that the appellant will not induct any other person in the suit premises.2. there shall be an order in the aforesaid terms if the appellant does not file the undertaking as mentioned above or does not comply with any other term of the undertaking, the respondent shall be at liberty to execute the decree for eviction.....
Judgment:

Baharul Islam and; E.S. Venkataramiah, JJ.

1. After the case was heard for some time the parties have settled the dispute between themselves in the following terms:

(i) The appeal shall stand dismissed without costs.

(ii) The respondent will not execute the decree for eviction till the end of January 1985 provided the appellant files an undertaking within four weeks containing the following terms:

(a) That the appellant will hand over vacant and peaceful possession of the suit premises to the respondent before the end of January 1985;

(b) That the appellant will pay to the respondent arrears of rent, if any, within two months from today;

(c) That the appellant will pay to the respondent future compensation at the rate equivalent to the monthly rent for use and occupation of the suit premises month by month before the 10th of every month; and

(d) That the appellant will not induct any other person in the suit premises.

2. There shall be an order in the aforesaid terms If the appellant does not file the undertaking as mentioned above or does not comply with any other term of the undertaking, the respondent shall be at liberty to execute the decree for eviction forthwith.


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