IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.1400 of 2010 (O&M) Date of decision: 27.10.2010 Tarvinder Kumar ......Appellant(s) Versus Raj Kumar ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. B.B. Bagga, Advocate for the appellant. Mr. Rajinder Kumar Singla, Advocate for the respondent. Rakesh Kumar Garg, J. (Oral) Vide impugned judgment and decrees of the Courts below, suit for possession filed by the plaintiff-respondent was decreed and the appellant was directed to hand over the vacant possession of the shop in question. During the course of arguments, learned counsel for the appellant on instructions from the appellant, who is present in Court has stated that the appellant be allowed one year's time to hand over the vacant possession of the premises in dispute to the respondent. It has been further stated by the learned counsel that the appellant shall pay the rent/damages for use and occupation of the said premises till the date of vacation regularly and shall also file an undertaking to this effect within one month from today before the Court of first instance. The aforesaid offer made by the learned counsel for the appellant has been accepted by Sh. Rajinder Kumar Singla, Advocate appearing on behalf of the respondent. Sh. Rajinder Kumar Singla, Advocate, has submitted before this Court that he has telephonic instructions of his client to accept such an offer. RSA No.1400 of 2010 (O&M) -2- In view of the consensus reached between the parties, this appeal is disposed of as under:- The appellant shall be entitled to retain the possession of the premises in dispute till 31.10.2011. The appellant shall be bound to hand over the vacant possession of the premises in dispute to the respondent on or before 31.10.2011 and shall also be liable to pay the rent etc. regularly. Let an undertaking be filed in this regard before the Court of Ist instance within one month from today. If any such undertaking is filed, the respondent shall not execute the decree against the appellant till 31.10.2011. However, in the event of failure of the appellant further to file such an undertaking or pay the rent regularly, the appeal shall be deemed to be dismissed and the respondent shall be entitled to execute the impugned judgment and decree. Disposed of. October 27, 2010 (RAKESH KUMAR GARG) ps JUDGE