1.0. Present Civil Revision Application has been preferred by the applicant herein-original opponent to quash and set aside the impugned judgment and order dated 11.2.2002 passed by the learned Small Cause Court No.7, Ahmedabad passed in P. S. R. P No. 8 of 1995, by which the learned Small Cause Court has directed the petitioner herein to handover the peaceful and vacant possession of the suit premises to the respondents herein-original applicants and has also directed to pay Rs. 300/- per month as mesne profit till possession is handed over to the original applicants.
2.0. After the matter was argued at length and fully by Ms. Sangeeta Pahwa, learned advocate for the applicant and Shri C.J. Vin, learned advocate for the respondents-original applicants and as this Court was not inclined to allow the present Civil Revision Application and to quash and set aside the impugned judgment and order passed by the learned Small Cause Court, Ahmedabad , Ms. Pahwa, learned advocate for the applicant under the instruction from the applicant has stated at the bar that applicant does not press the present Civil Revision Application. However, has requested to grant some reasonable time to applicant and his family members who are residing with him to vacate the suit premises. She has requested to grant time to applicant and his family members to vacate the suit premises at least upto 31.12.2012. She has also requested to reduce the amount of mesne profit to Rs.200/- per month in place of Rs. 3000/- per month awarded by the learned trial Court. She has also stated at the bar that the applicant has filed a separate undertaking affirmed by the applicant dated 9.5.2012 submitting that the applicant shall vacate the suit premises on or before 31.12.2012 and that she will pay an amount of Rs.85,000/- towards mesne profit in equal installments between 1.6.2012 to 31.12.2012. She has also stated at the bar under the instruction from the applicant that till applicant vacate the suit premises, she shall not transfer, alienate the suit premises in any manner whatsoever. It is also stated at the bar by Ms. Pahwa, learned advocate for the applicant under the instructions from the applicant that at present applicant and his wife are residing in the suit premises and that they shall hand over the peaceful and vacant possession of the suit premises to the original applicant on or before 31.12.2012. It is to be noted that the applicant and his wife both are personally present in the Court and they have stated at the bar that they know the consequence the breach of undertaking and they have also stated at the bar that they shall hand over the suit premises to the original applicant on or before 31.12.2012 as undertaken.
3.0. Shri Vin, learned advocate for the respondents-original applicants has stated at the bar under the instruction from respondent no.2 Girish Jayraj Darji that he has no objection in granting time to the applicant to vacate the suit premises upto 31.12.2012 and to modify the impugned judgment and order passed by the learned trial Court in so far as awarding mesne profit by the learned trial Court at the rate of Rs.3000/- per month and to award the mesne profit at the rate of Rs.500/- p.a. He has also stated at the bar that he has no objection if the applicant is granted time to deposit the amount of Rs. 85,000/- towards mesne profit for the intervening period to be paid by six monthly installments to be paid on or before 31.12.2012. Learned advocates for the respective parties do not invite any further reasoned order to modify the impugned judgment and order passed by the learned trial Court with respect to mesne profit is concerned.
4.0. In view of the above, present Civil Revision Application is dismissed as withdrawn so far as impugned judgment and order dated 11.2.2002 passed by the learned Small Cause Court No.7, Ahmedabad passed in P. S. R. P No. 8 of 1995 in so far as directing the applicant to vacate the suit property is concerned. Under the circumstances, the judgment and decree passed by the learned Small Cause Court, Ahmedabad directing the petitioner to hand over the peaceful and vacant possession of the suit premises is hereby confirmed.
5.0.
In view of the above and for the reasons stated above broad consensus between the learned advocates for the respective parties with respect to awarding mesne profit by the learned trial Court by impugned judgment is concerned, the impugned judgment and order dated 11.2.2002 passed by the learned Small Cause Court No.7, Ahmedabad passed in P. S. R. P No. 8 of 1995 is hereby modified to the extent awarding Rs.500/- p.a by way of mesne profit instead of Rs.3000/- per month awarded by the learned trial Court. Present Civil Revision Application is allowed to the aforesaid extent only. Considering the request made by Ms. Pahwa, learned advocate for the applicant and the undertaking filed by the applicant dated 9.5.2012 affirmed by applicant himself, the applicant and his wife who is residing with him is hereby directed to vacate the suit premises on or before 31.12.2012 and are directed to handover the peaceful and vacant possession of the suit premises to the respondents herein-original applicants on or before 31.12.2012. So far as mesne profit which is quantified at Rs.85000/-, the applicant is granted time to pay the same to the respondents herein-original applicants by six monthly installments, however to be cleared and/ or paid on or before 31.12.2012. It is reported that some amount is deposited by the applicant (approximately Rs.19.200) towards alleged rent, which the respondents shall be permitted to withdraw as mesne profit and same shall be given set off against the aforesaid amount of Rs.85,000/- meaning thereby the applicant is now required to pay balance amount deducting Rs.19200/- only. With this, present Civil Revision Application is dismissed as withdrawn. So far as eviction decree is concerned and insofar as order passed by the trial Court is modified to the extent of mesne profit is concerned, Rule is made absolute to the aforesaid extent of mesne profit is concerned. No costs.
sd/-
( M. R. Shah, J. ) "kaushik"
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