RSA No.767 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.767 of 2008 Date of Decision: 24.8.2009 Ram Kishan .....Appellant Vs. Kailash Chand and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. R.S. Mittal, Sr. Advocate with Mr. Atul Gaur, Advocate for the appellant. Mr. Jaivir Yadav, Advocate for the respondents. .... RAJIVE BHALLA, J The appellant challenges judgements and decrees dated 9.1.2007 and 19.2.2008, passed by the Additional Civil Judge (Senior Division) Kosli and the Additional District Judge, Rewari, decreeing the suit filed by the respondents and dismissing his appeal. The plaintiff/respondents filed a suit for possession by way of ejectment of the defendant/appellant from the shop in dispute by alleging that they had terminated his tenancy by issuing a notice under Section 106 of the Transfer of Property Act, (hereinafter referred to as `the Act'). In response to the suit, the defendant/appellant filed a written statement denying the averments in the plaint and in turn asserting that the notice issued under Section 106 of the Act was never served upon him. After considering the pleadings, the evidence adduced and the RSA No.767 of 2008 2 arguments addressed, the trial court decreed the suit for possession by directing the appellant to handover vacant possession of the shop within one month. The appellant was also directed to pay Rs.1300/- PM for use and occupation from January 2005 till the handing over of vacant possession of the shop, with interest @ 10% per annum. Aggrieved by the aforementioned judgement and decree, the appellant filed an appeal. Vide judgement and decree dated 19.2.2008, the first appellate court dismissed the appeal. During the pendency of this appeal, the appellant made the following statement on 24.8.2009. :- “I accept the correctness of the judgments and decrees dated 09.01.2007 and 19.02.2008, passed by the Additional Civil Judge (Senior Division), Kosli and Additional District Judge, Rewari, ordering my ejectment. I undertake to vacate the demised premises on or before 31.08.2011 and handover the vacant possession thereof to the respondents. In case I fail to vacate the premises by 31.08.2011, the respondents shall be free to execute the judgments and decrees passed by the courts below without any objection from me or any of my legal representatives or assignees. I shall continue to pay Rs.1300/- per month till 31.08.2011 or any date prior thereto till I am in possession of the rented premises. I shall be duty bound to furnish complete particulars of the amounts of rent to the respondents that I have deposited with the treasury pursuant to orders passed by the trial RSA No.767 of 2008 3 court and shall have no objection, if these amounts are released to the respondents. I acknowledge the correctness of my affidavit dated 24.08.2009 as I have appended my signatures after reading the contents thereof. The compromise be made a part of the judgment and decree.” The appellant has also filed an affidavit dated 24.8.2009 in the same terms as his above statement. In response to the aforementioned statement, the respondents have made separate statements dated 24.8.2009. The statement of one of them, Kailash Chand, respondent no.1 reads as follows :- “I have heard the statement made by the appellant and have also perused his affidavit. I have no objection to the statement and agree that the judgments and decrees dated 09.01.2007 and 19.02.2008, passed by the Additional Civil Judge (Senior Division), Kosli and Additional District Judge, Rewari, directing his ejectment be kept in abeyance till 31.08.2011. I have no objection, if the appeal is disposed of in terms of this compromise. The compromise be made a part of the judgment and decree.” Counsel for the parties pray that in view of the above statements and affidavit, the judgements and decrees dated 9.1.2007 and 19.2.2008, passed by the Additional Civil Judge (Senior Division) Kosli and the Additional District Judge, Rewari, be affirmed but their execution be RSA No.767 of 2008 4 kept in abeyance till 31.8.2011. I have heard learned counsel for the parties, perused the statement made by the appellant and his affidavit. I have also perused the statements made by the respondents. In view of these statements and the affidavit, the judgements and decrees dated 9.1.2007 and 19.2.2008, passed by the Additional Civil Judge (Senior Division) Kosli and the Additional District Judge, Rewari are upheld and the appeal is dismissed. However, in view of the statements made by the parties, the execution of these judgements and decrees shall remain in abeyance upto 31.8.2011. The appellant shall hand over vacant possession of the tenanted premises on or before 31.8.2011. During this period, the appellant shall continue to pay Rs.1300/- P.M. for use and occupation of the premises. The parties would be bound by their statements/affidavit dated 24.8.2009. The respondents would be entitled to the release of any amount deposited by the appellant in the treasury, towards arrears for use and occupation of the shop pursuant to orders passed by the courts below. A decree sheet be drawn up accordingly. 24.8.2009 (RAJIVE BHALLA) GS JUDGE