Partly allowed

Narayan Prasad v. Gauri Shanker and Ors.

Rajasthan HC13 May 2014CFA/131/2014

Case brief

AI extract

What is this about?

The appellant sought and was granted time till 30th June, 2015 to vacate suit premises. He must deposit arrears and future mesne profits of 2500/month and submit an undertaking for peaceful possession. Failure to comply permits immediate decree execution.

What did the court decide?

Appellant granted time to vacate premises by 30.06.2015 on conditions of undertaking and monthly mesne profit deposit.

Narayan Prasad Vs Gauri Shanker and Ors. — Property and Title | Rajasthan HC (2014)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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AT JODHPUR

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: J U D G M E N T :

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S.B. CIVIL FIRST APPEAL NO.131/2014

Narayan Prashad

Vs.

Gauri Shanker & Ors.

Date of Judgment

13.05.2014

PRESENT

HON'BLE MR. JUSTICE ARUN BHANSALI

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Mr. Deepak Kankar ) for the appellant. Mr. C.P. Soni )

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Mr. R.K. Singhal ) for the respondents.

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BY THE COURT:

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After attempting to make submissions for sometime on the appeal, learned counsel for the appellant submits that the appellant may be granted extra time for vacating the suit premises.

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Heard learned counsel for the parties regarding grant of extra time to vacate the suit premises.

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Learned counsel for the appellant submits that the appellant is running a Tailoring Shop in the suit premises since 1999 and he may be granted time till 30th June, 2015 for vacating the suit premises.

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Learned counsel for the respondent opposed the prayer for grant of time. It was submitted that the suit was filed in the year 2010; a meager sum of Rs.19,000/- per annum is being paid as rent and the same also is in arrears and, therefore, the appellant is not entitled for grant of extra time. If any extra time

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is granted, the appellant should be made to pay reasonable mesne profit.

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Having regard to the facts and circumstance of the case, it appears appropriate to allow time to the appellant to vacate the suit premises by 30th June, 2015. Further, the appellant shall pay mesne profit @ Rs.2,500/- per month w.e.f. May, 2014.

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In view of the above, the learned counsel for the appellant seeks withdrawal of the appeal and the same is, therefore, dismissed as withdrawn. The stay application is also dismissed. However, the appellant is granted time to vacate the suit premises by 30th June, 2015 on the following conditions:-

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(i) the appellant shall submit an undertaking supported by affidavit before the trial court within 3 weeks from today to the effect that on or before 30th June, 2015 he shall handover the peaceful and vacant possession of the suit premises to the plaintiff-respondent. He shall also undertake not to cause any damage to the suit premises nor to make any alternation and not to assign/sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance.

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(ii) the appellant shall deposit within three weeks the arrears, if any, of the rent/mesne profit and of the decreetal amount and till June, 2015 shall continue to pay to the landlord the amount for use and occupation of the suit premises @ Rs.2,500/- per month or deposit the same in the saving bank account of the respondent month by month on or before 15^th day of the next month. The

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respondent or learned counsel for the respondent will give the details of the bank account, in which, the arrears of rent or mesne profit/month to month mesne profit will be deposited, to the appellant or counsel for the appellant within a period of two weeks from today.

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(iii) it is made clear that in case the appellant does not comply with any of the aforesaid conditions or violate any terms of the undertaking, then it will be open for the respondent landlord to get the decree executed forthwith in accordance with law.

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No costs.

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(ARUN BHANSALI), J.

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PKS-130

Narayan Prasad v. Gauri Shanker and Ors.

Case brief

What is this about?

What did the court decide?

Narayan Prasad v. Gauri Shanker and Ors.

Case brief

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What did the court decide?

What the court decided

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