In a withdrawn second appeal regarding eviction and recovery of rent from a tenant, the High Court disposed of the appeal on terms requiring the tenant to vacate by June 30, 2016, pay mesne profits, and furnish an undertaking complying with specific conditions.
Appellant directed to hand over vacant possession by 30.06.2016 and pay mesne profits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S.B. CIVIL SECOND APPEAL No.292/2014. Lakhmi Chand Vs. LR's of Sita Ram & Ors.
Judgment dated 28/01/2015
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
:: J U D G M E N T ::
S.B. CIVIL SECOND APPEAL No.292/2014.
Lakhmi Chand S/o Harchand Vs. LR's of Sita Ram & Ors.
Date of Judgment
th :::: 28 January, 2015.
P R E S E N T
HON'BLE Dr. JUSTICE VINEET KOTHARI
Appearance:
Mr. B.K. Vyas, for the appellant/tenant/defendant.
BY THE COURT :
S.B. CIVIL SECOND APPEAL No.292/2014. Lakhmi Chand Vs. LR's of Sita Ram & Ors.
Judgment dated 28/01/2015
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whereby the suit filed by the respondent/plaintiff for eviction and recovery of rent against the appellant/defendant was decreed.
S.B. CIVIL SECOND APPEAL No.292/2014. Lakhmi Chand Vs. LR's of Sita Ram & Ors.
Judgment dated 28/01/2015
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peaceful and vacant possession of the suit premises to the respondent/landlord on or before 30.06.2016 with the conditions given below.
(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 30.06.2016 . The respondents/plaintiffs shall not execute the impugned decree till 30.06.2016 .
(ii) The appellant/defendant shall pay the mesne profit of Rs.3,000/- per month from February, 2015 and will further continue to pay the mesne profit each month by 15th 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.
(iii) The appellant/defendant shall further undertake that they 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 they do so, the same will be treated as void.
S.B. CIVIL SECOND APPEAL No.292/2014. Lakhmi Chand Vs. LR's of Sita Ram & Ors.
Judgment dated 28/01/2015
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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.
(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 appellant/defendant do not comply with any of the aforesaid conditions, then it will be open for the respondents/plaintiffs to get the decree passed in their favour executed forthwith even before the aforesaid date i.e. 30.06.2016 and the respondents/plaintiffs may also initiate the contempt proceedings in this Court against the appellant/defendant.
(Dr. VINEET KOTHARI), J.
DJ/4
Lakhmi Chand S/o Harchand
Sita Ram
VINEET KOTHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
