Dismissed

Lrs of Purshottam Nai v. Lrs of Alla Bux

Rajasthan HC1 Apr 2015CSA/281/2002

Case brief

AI extract

What is this about?

This order in a second appeal disposed of the appeal by accepting the appellant's request to withdraw it. The court directed the appellant to hand over vacant possession by 31.12.2016, pay mesne profit, and submit an undertaking, with execution of the decree deferred until the compliance date.

What did the court decide?

Appellant directed to vacate premises by 31.12.2016 and pay mesne profit; eviction decree execution stayed until that date.

Lrs of Purshottam Nai Vs Lrs of Alla Bux — Landlord and Tenant | Rajasthan HC (2015)

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S.B. CIVIL SECOND APPEAL No.281/2002. LR's of Purshottam Lal Nai Vs. LR's of Alla Bux

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Order dated 01/04/2015

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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AT JODHPUR.

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:: O R D E R ::

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S.B. CIVIL SECOND APPEAL No.281/2002.

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LR's of Purshottamlal Nai

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(1)Kanchan Bai W/o late Sh. Purshottmal Lal

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(2)Jagdish S/o late Sh. Purshottmal Lal

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(3)Udai Lal S/o late Sh. Purshottmal Lal

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(4)Ms. Mamta D/o late Sh. Purshottmal Lal (5)Ms. Premlata D/o late Sh. Purshottmal Lal

Vs.

LR's of Alla Bux

Date of Order

st :::: 01 April, 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. Tribhuvan Gupta, for the appellants/defendants/tenant. Mr. Manish Shishodia, for the respondents/plaintiffs/landlord.

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BY THE COURT :

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The appellants/defendants, who are legal

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representatives of original defendant/tenant, Sh. Purshottam Lal Nai, having concurrently lost the legal battle, have preferred this second appeal aggrieved by the impugned judgment and eviction decree dated 01.11.2002 passed by learned Additional District

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Judge No.3, Udaipur in Civil Appeal No.67/1999 (31/1997)-

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S.B. CIVIL SECOND APPEAL No.281/2002. LR's of Purshottam Lal Nai Vs. LR's of Alla Bux

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Order dated 01/04/2015

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LR's of Purshottam Lal Nai Vs. LR's of Alla Bux , dismissing the appellants' appeal and affirming the judgment and eviction decree dated 22.05.1997 passed by learned Civil Judge (Sr. Division) Udaipur, in Civil Original Suit No.121/1993- LR's of Allabux Vs. LR's of Purshottam & Anr. , whereby the suit filed by the respondents/plaintiffs for eviction and recovery of rent against the appellant/defendant was decreed.

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The plaintiffs/respondents filed the suit for eviction and recovery of rent in connection with suit shop, situated at Plot No.31, Chogan Scheme, Chetak Circle, Udaipur, which was let out to Sh. Purshottam Lal Nai, who is now represented by his legal representatives at a monthly rent of Rs.250/- on 01.11.1977 under oral tenancy. The eviction was sought on the ground of personal and bonafide need of the suit premises. The plaintiffs thus prayed for granting eviction decree, which has been granted by the two courts below concurrently.

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Learned counsel for the appellants/defendants upon instructions submits that the appellants/defendants may be permitted to withdraw the present second appeal without pressing the same on merits and a reasonable time may be granted to them to handover the vacant and peaceful possession of the suit shop.

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Accordingly, the present second appeal of the appellants/defendants is dismissed as withdrawn and not

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S.B. CIVIL SECOND APPEAL No.281/2002. LR's of Purshottam Lal Nai Vs. LR's of Alla Bux

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Order dated 01/04/2015

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pressed on merits and with a direction to the appellants/defendants to submit an undertaking to the effect that they will hand over the peaceful and vacant possession of the suit premises to the respondents/landlord on or before 31.12.2016 with the conditions given below.

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(i) The appellants/defendants/tenant shall submit an undertaking and shall hand-over the vacant and peaceful possession of the suit premises, in dispute to the respondents/plaintiffs 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 appellants/defendants shall pay the mesne profit of Rs.1,000/- per month from April, 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 respondents/plaintiffs.

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(iii) The appellants/defendants shall further undertake that he will 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

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S.B. CIVIL SECOND APPEAL No.281/2002. LR's of Purshottam Lal Nai Vs. LR's of Alla Bux

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Order dated 01/04/2015

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they do so, the same will be treated as void. (iv) The appellants shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court by 31/05/2015 and one copy thereof along with affidavit in this Court.

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(v) The respondents/plaintiffs 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. . (vi). It is made clear that in case, the appellants/defendants 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,

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the present second appeal of the appellants/defendants/tenant is, accordingly, disposed of. No costs. A copy of this order 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/51

Lrs of Purshottam Nai v. Lrs of Alla Bux

Case brief

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Lrs of Purshottam Nai v. Lrs of Alla Bux

Case brief

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