Allowed

Dr. Mahendra Singh Nahar v. Lr'S of Shankar Lal and Anr.

Rajasthan HC4 Feb 2015CSA/31/2015

Case brief

AI extract

What is this about?

In second appeals arising from eviction decrees, the High Court allowed a two-year extension for the appellant-defendant to vacate the suit shops and hand over possession, subject to conditions.

What did the court decide?

Eviction postponed for two years; payment of mesne profits @ Rs.3,000/month; strict conditions regarding payment and possession; write undertaking; contempt jurisdiction reserved.

Dr. Mahendra Singh Nahar Vs Lr'S of Shankar Lal and Anr. — Landlord and Tenant | Rajasthan HC (2015)

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S.B. CIVIL SECOND APPEAL NO.30/2015. Dr. Mahendra Singh Nahar Vs. LRs of Shankar Lal & Anr. ..

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S.B. CIVIL SECOND APPEAL NO.31/2015. Dr. Mahendra Singh Nahar Vs. LRs of Shankar Lal & Anr. .. Order dated 04.02.2015

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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AT JODHPUR.

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:: ORDER ::

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S.B. CIVIL SECOND APPEAL NO.30/2015.

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Dr. Mahendra Singh Nahar Vs.

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LRs of Shankar Lal & Anr.

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S.B. CIVIL SECOND APPEAL NO.31/2015.

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Dr. Mahendra Singh Nahar Vs. LRs of Shankar Lal & Anr.

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Date of Order :::: 4^th 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. Madan Singh Rajpuorhit, for the appellant-defendant-tenant.

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<<>>

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BY THE COURT :

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These two second appeals are arising out of the judgment and decree dated 06.01.2015 passed by the learned Additional District Judge No.2, Udaipur in Civil Appeal Nos. 19/2011 and 18/2011 respectively who dismissed the appeal filed by the present appellant-defendant-tenant and affirmed the

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judgment and decree dated 29.04.2010 passed by the learned

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S.B. CIVIL SECOND APPEAL NO.30/2015. Dr. Mahendra Singh Nahar Vs. LRs of Shankar Lal & Anr. ..

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S.B. CIVIL SECOND APPEAL NO.31/2015. Dr. Mahendra Singh Nahar Vs. LRs of Shankar Lal & Anr. .. Order dated 04.02.2015

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Civil Judge (Junior Division), Udaipur in Civil Original Suit Nos. 272/2000 and 271/2000 “LRs of Shankar Lal & Ors. Vs. Dr. Mahendra Singh Nahar ” by which, the learned Civil Judge (Junior Division) had decreed the suits filed by the plaintiffs seeking eviction of the appellant-defendant-tenant from the suit shops and recovery of arrears of rent.

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The present second appeal has been filed by the appellant, who were the defendant-tenant before the learned Trial Court, against the concurrent decree of eviction granted by the Courts below in favour of the plaintiffs-landlord. 3. Today, the learned counsel Mr. Madan Singh Rajpurohit appearing for the appellant-defendant-tenant submitted that the appellant-defendant-tenant is a Doctor by profession and running his Clinic in the suit shops since last so many years and, therefore, he will not press the present appeal on merits but some reasonable time, of two years, may be granted to the appellant-defendant-tenant to vacate the suit shops and to hand-over vacant possession of the suit shops to the respondents-plaintiffs.

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Having heard the learned counsel for the appellantdefendant and having perused the judgments and decree of both the Courts below, the prayer made by the learned counsel

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S.B. CIVIL SECOND APPEAL NO.30/2015. Dr. Mahendra Singh Nahar Vs. LRs of Shankar Lal & Anr. .. S.B. CIVIL SECOND APPEAL NO.31/2015. Dr. Mahendra Singh Nahar Vs. LRs of Shankar Lal & Anr. .. Order dated 04.02.2015

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for the appellant seems to be reasonable and deserves to be granted.

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Accordingly, it is directed that the appellant-defendanttenant shall hand over the peaceful and vacant possession of the suit shop to the respondents-plaintiffs within a period of two years from today i.e. on or before 28 .02.2017 and shall pay mesne profit @Rs.3,000/- per month commencing from March , 2015 for both the suit premises 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/plaintiffs also and in case there is any default in payment of mesne profit, the period of two years for eviction shall stand reduced and the decree of 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 respondents/plaintiffs within three months from today, otherwise the same will bear interest @ 9% per annum . The appellant/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 shall furnish

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a written undertaking incorporating the aforesaid conditions in the Trial Court within one month 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 respondents-plaintiffs within a period of two years from today or mesne profits are not paid as directed above, besides the expeditious execution of the decree in normal course, the respondents-plaintiffs shall also be entitled to invoke the contempt jurisdiction of this Court.

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With the aforesaid directions, the present second appeals stand disposed of. A copy of this order be sent to both the learned courts below and both the parties forthwith.

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(Dr. VINEET KOTHARI), J.

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/Mohan/

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/ S/66-67 /

Dr. Mahendra Singh Nahar v. Lr'S of Shankar Lal and Anr.

Case brief

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Dr. Mahendra Singh Nahar v. Lr'S of Shankar Lal and Anr.

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Dr. Mahendra Singh Nahar Vs Lr'S of Shankar Lal and Anr.