1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.454 OF 2009 WITH CIVIL APPLICATION NO.1512 OF 2009 Mr.Jahangir Kamal Gavandi .... Appellant Vs. Mr.Yasin Babalal Mulla .... Respondent Mr.Vijay Killedar, Advocate for appellant. Mr.G.M. Savagave, Advocate for respondent. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 27th November, 2009 P.C. 1. On 17th November 2009, it was stated on behalf of the appellant that the appellant would vacate the suit premises within a period of one year from the date of filing of Undertaking in the Court. Therefore the matter was adjourned for filing of Undertaking. Today Mr.Killedar tenders the Undertakings of the appellant and three of his family members stating that they would hand over vacant possession of the suit premises on or before 20th November 2010 and that they will not part with possession of the suit premises or induct any other person therein or carry out any alterations of permanent nature therein or cause destruction to the property in any manner in the intervening period. The Undertakings are taken on record and accepted. 2. Mr. Savagave, learned counsel for respondent submits that since the appellant will be enjoying the suit premises for a period 2 of one year, despite the decree of eviction against him, he should be directed to pay some compensation per month to the respondent. Mr.Killedar submits on the basis of written instructions received by him from the appellant that the compensation payable for the suit premises cannot be more than Rs.300/-, as in the concerned area, compensation for identical size of structure constructed with R.C.C. is about Rs.1,000/- per month. The claim made by the appellant as regards the compensation is disputed by Mr.Savagave. He states that the compensation that can be received for similar structure in the area would be of Rs.3,000/- per month. The suit premises consists of brick masonry structure with tin sheet roof. After considering the rival contentions, I am of the opinion that the compensation of Rs. 1,000/- per month would be a fair and reasonable compensation for occupying the suit premises. The appellant to deposit the amount of compensation in the trial Court on or before 10th day of each month, starting from the month December. The appeal is disposed off in terms of the undertaking and the order regarding payment of compensation. The execution of the impugned decree is stayed until 20th December 2010. In the event, the appellant fails to deposit the amount of compensation, as directed above, the decree will become executable forthwith. 3. In view of disposal of the Second Appeal, the Civil Application No.1512 of 2009 does not survive, the same is accordingly disposed off. (SMT.R.P. SONDURBALDOTA,J)