Disposed

Shantabai Ramesh Dhoble v. Mr. Thomas Samuel

Bombay HC1 Feb 2024CRA/377/2022

Case brief

AI extract

What is this about?

Tenant's civil revision against a possession decree was settled by consent. Decree confirmed; applicant allowed to occupy the premises until 30 April 2024 on undertakings to pay rent and arrears and vacate, with the landlord paying Rs.10,00,000/-; all disputes treated as ended.

What did the court decide?

Decree confirmed; time-bound occupation till 30 April 2024 on undertakings; Rs.10,00,000 payable by landlord; all disputes closed.

Shantabai Ramesh Dhoble Vs Mr. Thomas Samuel — Landlord and Tenant | Bombay HC (2024)

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901 - CRA 377 OF 2022.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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KANCHAN Digitally signed byKANCHAN VINOD VINOD MAYEKAR MAYEKAR Date: 2024.02.0312:54:31 +0530

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CIVIL REVISION APPLICATION NO. 377 OF 2022

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Shantabai Ramesh Dhoble….. Applicant
VERSUS
Thomas Samuel.….. Respondent

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Ms.Eventa A. Gonsalves a/w. Mr.Reyden L. Gonsalves for the
Applicant.

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Mr.Ashutosh R. Gole for the Respondent.

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CORAM: RAJESH S. PATIL, J. DATE : 1 FEBRUARY, 2024

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P.C. :-

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After the matter was argued for some time, the parties have

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agreed to dispose of the Civil Revision Application on certain

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conditions.

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2. Civil Revision Application is disposed of with the following

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directions :-

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(a)The judgment and decree passed by the

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Trial Court in RCS No. 274 of 2014 and as

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confirmed by the Appellate Court in Appeal

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No. 94 of 2017 is hereby confirmed.

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901 - CRA 377 OF 2022.doc

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(b)The applicant is permitted to occupy the

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suit premises for a further period of three
months i.e. upto 30 April, 2024, subject to all

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adult family members of the applicant
furnishing an usual undertaking to this Court

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within a period of one week from today. The

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said undertaking to state that they are the

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only persons who are residing in the suit
premises and they will not create any third
party interest in the suit premises and they
will pay all the arrears of rent and also pay
the agreed rent upto April 2024 to the
landlord directly before 30 April, 2024.

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(c)The said undertaking should also state
that all the family members will vacate the
suit premises on or by 30 April, 2024 and will
handover peaceful possession to the
respondent landlord.

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901 - CRA 377 OF 2022.doc

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(d)The respondent will pay a sum of

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Rs.10,00,000/- to the applicant by 28 April,
2024.

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(e)Once the applicant has handed over
possession to the respondent/landlord and
the respondent/landlord has also paid the
sum of Rs.10,00,000/-, all the disputes and
differences between the parties will come to
an end and if at all there are any proceedings
pending between the parties, the same will
also be treated as disposed of and so also the
respondent/landlord has undertaking that
they will not file any mesne profit application
with regard to the suit premises.

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3. The parties to act on the authenticated copy of this order.

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[RAJESH S. PATIL, J.]

Shantabai Ramesh Dhoble v. Mr. Thomas Samuel

Case brief

What is this about?

What did the court decide?

Shantabai Ramesh Dhoble v. Mr. Thomas Samuel

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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