Allowed

Shriram Cloth Store v. Kanhaiyalal

Rajasthan HC5 Feb 2015CFA/505/2007

Case brief

AI extract

What is this about?

The High Court dismissed the withdrawn first appeal filed by the tenant against an eviction decree. The tenant was directed to hand over vacant possession by 31.12.2016, pay mesne profit, and provide an undertaking not to sublet or create third-party interests in the suit premises during the stipulated period.

What did the court decide?

Appellant dismissed as withdrawn; directed to hand over vacant possession by 31.12.2016, pay mesne profit, and submit undertaking against subletting.

Shriram Cloth Store Vs Kanhaiyalal — Execution and Attachment | Rajasthan HC (2015)

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S.B. CIVIL FIRST APPEAL No.505/2007. Shriram Cloth Store Vs. Kanhaiya Lal

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Judgment dated 05/02/2015

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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.505/2007.

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Shriram Cloth Store Vs. Kanhaiya Lal

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Date of Judgment

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th :::: 05 February, 2015.

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P R E S E N T

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HON'BLE Dr. JUSTICE VINEET KOTHARI

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Appearance: Mr. Sajjan Singh, for the appellant/defendant. Mr. Sanjay Nahar, for the respondent/plaintiff.

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BY THE COURT :

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The appellant/defendant, Shriram Cloth Store

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through its proprietor Ram Kishan S/o Madan Lal, has preferred this first appeal aggrieved by the impugned judgment and decree dated 30.08.2007 passed by learned Additional District Judge (Fast Track) No.3, Bikaner, in Civil Original Suit No.189/2005Kanhaiya Lal Vs. Shriram Cloth Store, decreeing the respondent/plaintiff's suit for eviction with respect to a suit premises, which is a shop situated at Shri Krishan Temple Road, Sadar Bazar, Nokha.

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The respondent/plaintiff, Kanhaiyalal, filed the suit for eviction and recovery of rent in connection with suit premises, shop, which was let out to the appellant/tenant in the year 1989

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S.B. CIVIL FIRST APPEAL No.505/2007. Shriram Cloth Store Vs. Kanhaiya Lal

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Judgment dated 05/02/2015

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at a monthly rent of Rs.1500/- under oral tenancy with an understanding that the rent will be increased by 10% after every three years. The said rent was later on increased to Rs.1996.50/from 1989. The eviction was sought on account of non-payment of rent by the defendant/appellant and bonafide need for starting business for his son.

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Mr. Sajjan Singh, learned counsel for the appellant/defendant upon instructions submits that the appellant/defendant may be permitted to withdraw the present first appeal without pressing the same on merits and a reasonable time may be granted to the appellant/tenant to handover the vacant and peaceful possession of the suit premises. The appellant, Ram Kishan, proprietor of the appellant firm, who is present in the Court has also put his signatures in token of this decree.

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Accordingly, the present first appeal of the appellant/defendant is dismissed as withdrawn and not pressed on merits and with a direction to the appellant/defendant to submit an undertaking to the effect that he will hand over the peaceful and vacant possession of the suit premises to the respondent/landlord on or before 31.12.2016 with the conditions given below.

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(i) The appellant/defendant shall submit an undertaking and shall hand-over the vacant

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S.B. CIVIL FIRST APPEAL No.505/2007. Shriram Cloth Store Vs. Kanhaiya Lal

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Judgment dated 05/02/2015

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and peaceful possession of the suit premises, in dispute to the respondent/plaintiff on or before 31.12.2016 . The respondent/plaintiff shall not execute the impugned decree till 31.12.2016 .

(ii)

(iii)

(iv)

The appellant/defendant shall pay the mesne profit of Rs.7,000/- per month and will further continue to pay the mesne profit each month by 15^th day of the next succeeding month or in advance to the respondents. The arrears of rent and mesne profit as determined by the Courts below, if not already paid, shall also be paid by the appellant within a period of three months from today and entire amount including the amount already deposited on this account will be disbursed to the respondent/plaintiff.

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The appellant/defendant shall further undertake that he shall not sub-let, assign or part with the possession of the suit premises or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period and if they do so, the same will be treated as void.

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The appellant shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court by 31/03/2015 and one copy thereof along with affidavit in this Court.

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(v) The respondent-plaintiff will give the details of his bank account number in which the arrears

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S.B. CIVIL FIRST APPEAL No.505/2007. Shriram Cloth Store Vs. Kanhaiya Lal

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Judgment dated 05/02/2015

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of rent or mesne profit and regular mesne profit now be paid, will be deposited, within the period of three months from today. .

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(vi).

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It is made clear that in case, the appellant/defendant do not comply with any of the aforesaid conditions, then it will be open for the respondent-plaintiff to get the decree passed in his favour executed forthwith even before the aforesaid date i.e. 31.12.2016 and the respondent/plaintiff may also initiate the contempt proceedings in this Court against the appellant/defendant.

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With the aforesaid terms, conditions and directions,

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the present first appeal of the appellant/defendant is, accordingly, disposed of. No costs. A copy of this judgment be sent to the parties concerned and the learned court below forthwith.

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(Dr. VINEET KOTHARI), J.

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DJ/8

Shriram Cloth Store v. Kanhaiyalal

Case brief

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Shriram Cloth Store v. Kanhaiyalal

Case brief

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