Kanhaiya Lal v. Raj Pal Singh

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 52/2020, CM APPL.Nos.2867/2020, 2868/2020, 4715/2020 KANHAIYA LAL ..... Appellant Through : Mr.V.C.Shukla, Mr.Ranjeet Singh, Mr.Amit Kumar, Advocates.

versus RAJ PAL SINGH ..... Respondent Through : Mr.K.K.Mavai, Mr.Mayank Sharma, Ms.Deepanshika, Advocates.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 05.02.2020 This appeal is against the impugned judgment dated 26.03.2019 whereby the suit for eviction, possession, recovery of Rs.96,500/- with pendent lite and future damages was decreed on the ground the appellant herein was an unauthorised occupant in the suit property and despite terminating his tenancy, he continued staying in the premises. There is also a delay of 267 days in filing of this appeal. During the course of the arguments the learned counsel for the appellant says the appellant shall be satisfied if he be granted two months time to vacate the premises.

The learned counsel for the respondent on the other hand says he has no objection for grant of such time but without prejudice to his right to execute the decree qua mesne profits. In view of the submissions so made, the appeal stands disposed

of directing the appellant to vacate the subject premises on or before 10.04.2020. The respondent may continue with his execution qua recovery of mesne profits, if any. Pending application(s) also stands disposed of. An undertaking to vacate be filed by the appellant within ten days from today.

No order as to costs.

Order dasti.

YOGESH KHANNA, J.

FEBRUARY 05, 2020 DU