Appellant-tenant requested time to vacate without pressing eviction appeal on merits; tenant paid rent and consented. Court granted one and a half year for evacuation with mesne profit payment and undertook no subletting.
Time granted to vacate within one and a half year; mesne profit to be paid; undertaking against subletting to be furnished.
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S.B. CIVIL FIRST APPEAL NO.52/2015. Bhanwar Lal S/o Bhikam Chand Khatri Vs. Smt. Sushila Devi W/o Jeevan Lal Khatri
.. Order dated 04.03.2015
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
:: ORDER ::
S.B. CIVIL FIRST APPEAL NO.52/2015.
Bhanwar Lal S/o Bhikam Chand Khatri
Vs.
Smt. Sushila Devi W/o Jeevan Lal Khatri
Date of Order :::: 4th March, 2015.
P R E S E N T
HON'BLE Dr. JUSTICE VINEET KOTHARI
Appearance:
Mr. Jagdish Vyas, for the appellant-defendant-tenant. Mr. Mahesh Thanvi, for the respondent-plaintiff-landlady.
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BY THE COURT :
S.B. CIVIL FIRST APPEAL NO.52/2015. Bhanwar Lal S/o Bhikam Chand Khatri Vs.
Smt. Sushila Devi W/o Jeevan Lal Khatri
.. Order dated 04.03.2015
2/3 defendant is running his business in the suit shop since last so many years and, therefore, he has instructions not to press this appeal on merits but some reasonable time may be granted to the appellantdefendant-tenant to vacate the suit shop and to hand-over vacant possession of the suit shop to the plaintiff-respondent-landlady. The learned counsel further submitted that the appellant-defendanttenant is paying rent of the suit shop @ Rs. 1621/- per month to the plaintiff-respondent-landlady. The learned counsel Mr. Mahesh Thanvi appearing for the respondent-plaintiff-landlady does not oppose the submissions, as made by the learned counsel for the appellant-defendant-tenant.
S.B. CIVIL FIRST APPEAL NO.52/2015. Bhanwar Lal S/o Bhikam Chand Khatri Vs.
Smt. Sushila Devi W/o Jeevan Lal Khatri
.. Order dated 04.03.2015
3/3
eviction would become executable forthwith. The appellant/ defendant/tenant shall also clear all the arrears of rent and mesne profit and pay the same to the respondent/plaintiff/landlady within three months from today, otherwise the same will bear interest @ 9% per annum . The appellant/defendant/tenant shall also not sub-let, assign or part with the possession of the suit shop 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 it is so done, the same would be treated as void. The appellant-defendant-tenant shall furnish a written undertaking incorporating the aforesaid conditions in the Trial Court within three months and one copy thereof along with affidavit, in this Court. It is made clear that if the peaceful and vacant possession of the suit premises is not handed over to the respondent-plaintiff within a period of one and half year, i.e. upto 30.09.2016 from today or mesne profits are not paid as directed above, besides the expeditious execution of the decree in normal course, the respondent-plaintiff-landlady shall also be entitled to invoke the contempt jurisdiction of this Court.
(Dr. VINEET KOTHARI), J.
/Mohan/ / 1 /
1 issue framed by the court
Whether to grant time for eviction without pressing the appeal on merits in a tenancy dispute involving eviction under Section 106 of the Transfer of Property Act.
Bhanwar Lal S/o Bhikam Chand Khatri
Smt. Sushila Devi W/o Jeevan Lal Khatri
Vineet Kothari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
