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CASE NO.: Appeal (civil)  6677 of 2002

PETITIONER: VIRENDRA KUMAR SAHU

RESPONDENT: RAM CHANDRA YADAV & ANR

DATE OF JUDGMENT: 30/04/2008

BENCH: H.K. SEMA & MARKAANDEY KATJU

JUDGMENT: JUDGMENT

O R D E R        CIVIL APPEAL NO.  6677   OF 2002

       Heard the parties.         The order impugned passed by the High Court arises out of the order  passed by the Trial Court under the provision of Order XXXIX and Rule 1  and 2.         The whole dispute relates to the agreement entered into between the  appellant (tenant) and the respondent (landlord) on 8.6.2001.  In the said  agreement it is specifically provided as under:

       "Whereas the aforesaid owners/landlords have offered to  let out a portion of first floor area (approximate) 17’x35’  with minimum height 12’ for the purpose of carrying  business by aforesaid tenant Virendra Kumar Sahu and  the aforesaid tenant has agreed to take on rent portion on  the first floor (approximate) 17’x35’ with minimum height  12’ for carrying business in the said portion on the terms  and condition hereinafter mentioned."

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       Since there is an agreement entered into between the landlord and tenant  we are of the view that the terms of agreement should be strictly adhered  to by both the parties.  We accordingly dispose of this appeal with the  direction that the parties should strictly adhere to the conditions  contained in the agreement dated 8.6.2001.  We, therefore, direct the Trial  Court to appoint  a local Advocate (Commissioner) to go to the disputed  building and deliver possession to the tenant in terms of the aforesaid  agreement. The remuneration of the Commissioner shall be fixed by the  Trial Court.           The order impugned passed by the High Court is accordingly set aside.   In view  of our aforesaid direction the suit shall stand closed.         The appeal is accordingly disposed of.