Dismissed

Kishore v. Smt. Kamla Bai

Rajasthan HC12 Feb 2015CSA/27/2015

Case brief

AI extract

What is this about?

In this second appeal regarding eviction and rent recovery, the High Court of Rajasthan allowed the appellant to withdraw the appeal without pressing it on merits. The court directed the appellant to hand over vacant possession by December 31, 2016, subject to conditions regarding mesne profit payment and fulfillment of prior undertakings.

What did the court decide?

Second appeal dismissed as withdrawn; appellant directed to submit undertaking for vacant possession by 31.12.2016 and pay mesne profit.

Kishore Vs Smt. Kamla Bai — Landlord and Tenant | Rajasthan HC (2015)

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S.B. CIVIL SECOND APPEAL No.27/2015. Kishore S/o Goverdhan Das Sindhi Vs. Smt. Kamla Bai W/o Ramjilal Tak

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Judgment dated 12/02/2015

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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:: J U D G M E N T ::

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S.B. CIVIL SECOND APPEAL No.27/2015.

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Kishore Sindhi S/o Goverdhan Das Sindhi

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Vs.

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Smt. Kamla Bai W/o Ramjilal Tak

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Date of Judgment

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:::: 12th 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:

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Mr. Deelip Kawadia, for the appellant/defendant/tenant.

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BY THE COURT :

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The appellant/defendant, Kishore S/o Goverdhan Das Sindhi, has preferred this second appeal aggrieved by the impugned judgment and eviction decree dated 14.10.2014 passed by learned Additional District Judge No.2, Udaipur in Civil Appeal No.30/2009- Kishore Sindhi S/o Goverdhan Das Sindhi Vs. Smt. Kamla Bai W/o Ramjilal Tak , dismissing the

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S.B. CIVIL SECOND APPEAL No.27/2015. Kishore S/o Goverdhan Das Sindhi Vs. Smt. Kamla Bai W/o Ramjilal Tak

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Judgment dated 12/02/2015

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appellant's appeal and affirming the judgment and decree dated 11.11.2009 passed by learned Civil Judge (Jr. Division) Udaipur City (South) Udaipur, in Civil Original Suit No.312/2000-Smt. Kamla Bai W/o Ramjilal Tak Vs. Kishore Sindhi S/o Goverdhan Das Sindhi , whereby the suit filed by the respondent/plaintiff for eviction and recovery of rent against the appellant/defendant was decreed.

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The plaintiff, Smt. Kamla Bai, filed the suit for eviction and recovery of rent in connection with suit shop, situated at 47, Premidwara Road, Amal-Ka-Kanta, Opp. Rituraj Hotel, Udaipur, which was let out to the appellant/defendant at a monthly rent of Rs.450/- by the father of the plaintiff, late Sh. Surajmal Kalal. The eviction was sought on account of default in payment of monthly rent by the defendant/appellant. The suit shop came to the plaintiff under a Will executed by her father. The plaintiff thus prayed for granting eviction decree, which has been gratned by the two courts below concurrently. 3. Learned counsel for the appellant/defendant upon instructions submits that the appellant/defendant may be permitted to withdraw the present second 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 shop.

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S.B. CIVIL SECOND APPEAL No.27/2015. Kishore S/o Goverdhan Das Sindhi Vs. Smt. Kamla Bai W/o Ramjilal Tak

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Judgment dated 12/02/2015

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

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(ii) The appellant/defendant shall pay the mesne profit of Rs.2,500/- per month from March, 2015 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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(iii) The appellant/defendant shall further undertake that he will not sub-let, assign or part with the possession of the suit premises

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S.B. CIVIL SECOND APPEAL No.27/2015. Kishore S/o Goverdhan Das Sindhi Vs. Smt. Kamla Bai W/o Ramjilal Tak

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Judgment dated 12/02/2015

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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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(iv) The appellants 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 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). 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 her favour executed forthwith even before the aforesaid date i.e. 31.12.2016 and the respondents/plaintiffs may also initiate the contempt proceedings in this Court against the appellant/defendant.

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With the aforesaid terms, conditions and directions, the present second 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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DJ/18

Kishore v. Smt. Kamla Bai

Case brief

What is this about?

What did the court decide?

Kishore v. Smt. Kamla Bai

Case brief

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