1. Rule. Mr.Sunit Shah, learned advocate appearing for Mr.N.V.Gandhi, learned advocate waives service of notice of Rule on behalf of the respondents herein – legal heirs and representatives of original plaintiffs in both these Civil Revision Applications.
2. In the facts and circumstances of the case and in view of the settlement between the parties, both these Civil Revision Applications are taken up for final hearing today.
3. Civil Revision Application No.68 of 2012 has been preferred by the petitioners herein – legal heirs and representatives of original defendant of HRP Suit No.2391 of 2004 challenging the impugned judgement and decree dated 18/10/2006 passed by learned Small Causes Court, Ahmedabad in HRP Suit No.2391 of 2004 as well as impugned judgement and order dated 17/12/2011 passed by learned Appellate Bench of Small Causes Court, Ahmedabad in Civil Appeal No.144 of 2006, by which, both the Courts below have passed decree for possession against the petitioners herein on the ground that tenant has not used the suit premises in question for more than six months without reasonable cause.
Civil Revision Application No.69 of 2012 has been preferred by the very petitioners herein – legal heirs and representatives of original defendant- tenant, challenging the judgement and decree of possession dated 24/10/1997 passed by learned Small Causes Court, Ahmedabad in HRP Suit No.3019 of 1989 as well as judgement and order dated 17/12/2011 passed by learned Appellate Bench of Small Causes Court, Ahmedabad in Civil Appeal No.186 of 1997, by which, both the Courts below have passed decree for possession against the petitioners herein on the ground that they have acquired suitable accommodation.
4. Today when the present Civil Revision Applications are taken up for final hearing, learned advocates appearing on behalf of the respective parties have jointly submitted that the parties have settled the dispute amicably and the petitioners have agreed to accept the impugned judgement and decree passed by both the Courts below on the ground that they have acquired suitable accommodation and on the ground that they have not used the suit premises in question for more than six months without reasonable cause. However, the petitioners have requested to grant time upto 31/08/2013 to vacate the suit premises in question on filing usual Undertakings.
5. Mr.J.T.Trivedi, learned advocate appearing on behalf of the petitioners herein has stated at the bar that the petitioners are filing separate Undertakings in both these Civil Revision Applications, affirmed by petitioner Nos.1/1 to 1/3 by submitting that they shall hand over vacant and peaceful possession of the suit premises in question to the respondents herein on or before 31/08/2013 and in the meantime, they shall not transfer, alienate and/or part with the possession of the suit premises in favour of any other party. Mr.J.T.Trivedi, learned advocate appearing on behalf of the respective petitioners has further stated that in the separate Undertakings filed by respective petitioners, it is specifically mentioned that all the petitioners are conscious of the fact that breach of Undertaking amounts to contempt of Court and the respondents are entitled to execute the decree as per the judgement and order passed by learned Appellate Bench of the Small Causes Court. Mr.J.T.Trivedi, learned advocate appearing on behalf of the petitioners has further submitted that over and above the execution proceedings, separate proceedings for breach of Undertakings can also be initiated, in case, breach of Undertakings is committed.
6. Mr.Sunit Shah, learned advocate appearing on behalf of the respondents, under the instructions from his clients, has stated at the bar that they have no objection, if the petitioners are granted time upto 31/08/2013 to vacate the suit premises in question, on filing usual Undertakings by them.
7. It is further submitted by learned advocates appearing on behalf of the respective parties, under the instructions from their respective clients that in view of the above, the respondents have agreed to accept mesne profit at the rate of Rs.20/- per month instead of Rs.500/- per month, as awarded by the learned Trial Court and confirmed by learned Appellate Bench of Small Causes Court, Ahmedabad. Therefore, it is requested by learned advocates appearing on behalf of the respective parties to modify the judgement and decree passed by both the Courts below to the aforesaid extent. Learned advocates appearing on behalf of the respective parties do not invite any further reasoned order while confirming the judgement and decree passed by both the Courts below so far as decree of possession is concerned and modification of the judgement and decree passed by both the Courts below so far as mesne profit is concerned.
8. For the reasons stated hereinabove and in view of the settlement entered into between the parties as recorded hereinabove and two Undertakings filed by legal heirs and representative of original defendant, judgement and decree dated 24/10/1997 passed by learned Small Causes Court at Ahmedabad in HRP Suit No.3019 of 1989 confirmed by learned Appellate Bench of Small Causes Court, Ahmedabad vide order dated 17/12/2011 in Civil Appeal No.186 of 1997 as well as judgement and decree dated 18/10/2006 passed by learned Small Causes Court, Ahmedabad in HRP Suit No.2391 of 2004 confirmed by learned Appellate Bench of Small Causes Court, Ahmedabad by impugned judgement and order dated 17/12/2011 in Civil Appeal No.144 of 2006 are hereby confirmed so far as decree of possession with respect to suit property is concerned and both the aforesaid judgement and decrees passed by both the Courts below are hereby modified to the extent awarding mesne profit and it is directed that the petitioners shall pay mesne profit at the rate of Rs.20/- per month instead of Rs.500/- per month as awarded by both the Courts below and file Undertakings to pay the same every month as and when due and payable till the petitioners hand over the vacant and peaceful possession of the suit premises in question.
9. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, under the instructions from the respective parties, the petitioners are granted time upto 31/08/2013 to hand over the peaceful and vacant possession of the suit premises in question on filing usual Undertakings by them. The petitioners are directed to comply with the Undertakings filed in the respective Civil Revision Applications signed by the petitioners herein and to hand over the vacant and peaceful possession of the suit premises in question to the respective respondents on or before 31/08/2013.
It is agreed between the parties that if the petitioners do not hand over the vacant and peaceful possession of the suit premises in question on or before 31/08/2013, it will be open for the respondents to claim mesne profit at the rate of Rs.500/- per month, as awarded by learned Trial Court. Rule is made absolute to the aforesaid extent in each of the Civil Revision Applications. No costs.
[M.R.SHAH,J] *dipti