Disposed

Samaj - Seva Mitramandal v. Vitthaldas Vallabhdas Devi and Ors.

Bombay HC2 Feb 2009WP/1638/2009

Case brief

AI extract

What is this about?

The court, exercising its discretion, granted the petitioner time to vacate the suit premises until December 31, 2009, subject to conditions including payment of interim compensation and filing of undertakings.

What did the court decide?

Time to vacate the suit premises granted till December 31, 2009, subject to payment of interim compensation and filing of undertakings.

Samaj - Seva Mitramandal Vs Vitthaldas Vallabhdas Devi… — Landlord and Tenant | Bombay HC (2009)

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 IN THE HIGH COURT OF JUDICATURE OF BOMBAY

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 CIVIL APPELLATE JURISDICTION

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 WRIT PETITION NO.1638 OF 2009

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 Samaj-seva Mitramandal ..Petitioner.

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 V/s.

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 Vitthaldas Vallabhdas Devi. ..Respondent.

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 Mr.Ajay A. Joshi for petitioner.

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 Mr.R.S.Apte i/b. A.S.Kulkarni for Respondent.

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 CORAM: A.M.KHANWILKAR,J

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 DATE : FEBRUARY 2, 2009.

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P.C. :

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 1. Heard Counsel for the parties.

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 2. The relief claimed in this Petition is

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 essentially in the nature of mercy petition. The
 Petitioner has asserted that the Petitioner is
 running a school in the suit premises. Besides, the
 Petitioner is already in the process of completing
 its own building in the nearby area, but the work is
 incomplete. The Petitioner is hopeful that the
 construction of the new building will be completed as
 early as possible, and in any case within six months.

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 In anticipation thereof, the Petitioner prays that
 the limited relief that be granted to the Petitioner
 is time to vacate the suit premises till 31st

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 December, 2009.

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 3. Counsel for the Respondent however, opposed
 this prayer. The Respondent is inclined to grant
 time to vacate but submits that it should be only
 till end of May, 2009. This objection overlooks the
 fact that construction of new building of the
 Petition is in progress and completion thereof will
 take atleast six months time.

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 4. In this backdrop request of the Petitioner
 will have to be accepted. The Petitioner is granted
 time to vacate till end of December, 2009, on
 condition that authorised officer as well as all the
 trustees of the Petitioner Trust shall file usual
 undertaking in this Court within four weeks from
 today and also pay all the outstanding dues in
 respect of suit premises payable as of now and
 continue to pay future monthly compensation on
 regular basis till the possession of the suit
 premises is handed over in terms of the undertaking
 to be filed in this Court.

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 5. Needless to observe that if the construction
 of new building is completed in earlier point of
 time, the Petitioner will vacate the suit premises

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 even before end of 31st December, 2009 and not
 continue to occupy the same merely because time to
 vacate is granted till that date.

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 6. If the Petitioner wants to avail of the
 indulgence shown under this order, the Petitioner is
 expected for the time being to compensate the
 landlord with amount of Rs.50,000/- per month from
 1st January, 2009, to be payable on or before 5th of
 every English calender month directly to the
 landlord. The amount payable in respect of month of
 January, 09, which has become due shall be paid on or
 before 10th February, 2009. Future compensation in
 terms of this order be paid on or before 5th of every
 successive English calender month. Even in case of
 one default, the protection available to the
 Petitioner under this order will stand vacated
 forthwith without further reference to the Court and
 the landlord would be entitled for execution of the
 decree forthwith.

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 7. The landlord will be entitled to pursue
 remedy of mesne profit against the Petitioner, which
 will have to be decided on its own merit in
 accordance with the law. The Petitioner obviously
 will be entitled for adjustment of the amount ordered

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 to be paid towards interim compensation in terms of
 this order against the total mesne profit payable by
 the Petitioner to the tenant as ordered in the said
 proceeding. All question in that behalf are left
 open.

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 8. It is also made clear that no further
 application for extension of time to vacate suit
 premises on any count will be entertained.

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 . Petition disposed of on the above terms.

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(A.M.KHANWILKAR,J)

Samaj - Seva Mitramandal v. Vitthaldas Vallabhdas Devi and Ors.

Case brief

What is this about?

What did the court decide?

Samaj - Seva Mitramandal v. Vitthaldas Vallabhdas Devi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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