Dismissed

The Sirohi Sahkari Bhoomi V.B. and Anr. v. Rajendra Kumar

Rajasthan HC9 Feb 2015CSA/33/2015

Case brief

AI extract

What is this about?

In a second appeal, the Court, upon the appellant-tenant's request not to press provisions, directed eviction within 1.5 years and payment of mesne profits. The appeal was dismissed as not pressed. Default would lead to immediate execution.

What did the court decide?

Evacuation ordered within 1.5 years; mesne profits of Rs.5,000/month directed; arrears to be cleared within 3 months.

The Sirohi Sahkari Bhoomi V.B. and Anr. Vs Rajendra… — Landlord and Tenant | Rajasthan HC (2015)

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S.B. CIVIL SECOND APPEAL NO.33/2015. The Sirohi Sahakari Bhoomi & Anr. Vs. Rajendra Kumar

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Judgment dated 09.02.2015

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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AT JODHPUR.

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:: JUDGMENT ::

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S.B. CIVIL SECOND APPEAL NO.33/2015.

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The Sirohi Sahakari Bhoomi & Anr.

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Vs. Rajendra Kumar

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Date of Judgment :::: 9^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. Sushil Solani, for the appellants-defendants. Mr. Richin Surana, for the respondent-plaintiff.

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<<>>

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BY THE COURT :

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This second appeal is arising out of the judgment and decree dated 31.10.2014 passed by the learned Additional District Judge, Abu Road, District Sirohi in Civil Regular Appeal No. 35/2008 “Rajendra Kumar Vs. Secretary, Sirohi Sahakari Bhoomi Vikas Bank & Anr.” who allowed the appeal filed by the present respondent-plaintiff and partially affirmed the judgment and decree dated 26.07.2008 passed by the learned Civil Judge (Junior Division), Abu Road, in Civil Original Case No. 23/2005 “Rajendra Kumar Vs. Secretary, Sirohi Sahakari Bhoomi Vikas Bank & Anr.” by which, the learned

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S.B. CIVIL SECOND APPEAL NO.33/2015. The Sirohi Sahakari Bhoomi & Anr. Vs. Rajendra Kumar .. Judgment dated 09.02.2015

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Civil Judge (Junior Division) had partially decreed the suit filed by the respondent-plaintiff seeking eviction of the appellantsdefendants and recovery of arrears of rent and mesne profits. By the judgment and decree, the learned Trial Court had only allowed arrears of rent from 01.07.2004 to 31.03.2005 in the sum of Rs.4,500/- but declined to grant eviction decree.

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The present second appeal has been filed by the appellants, who were the defendants before the learned Trial Court, against the impugned judgments and decrees passed by the learned two Courts below. The learned Trial Court had refused to grant eviction decree but allowed mesne profits but the learned Appellate Court, while maintaining the judgment and decree of the learned Trial Court, had also directed eviction of the appellants-defendants by allowing the appeal filed by the plaintiff Rajendra Kumar.

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Today, the learned counsel Mr. Sushil Solanki appearing for the appellants-defendants submitted that the appellantsdefendants are running their business, as a Bank, 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 appellants-defendants to vacate the suit shop and to hand-over vacant possession of the suit shop to the plaintiff-respondent. The learned counsel Mr. Richin Surana

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S.B. CIVIL SECOND APPEAL NO.33/2015. The Sirohi Sahakari Bhoomi & Anr. Vs. Rajendra Kumar

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Judgment dated 09.02.2015

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appears for the respondent-plaintiff has no objection, if some reasonable time is granted to the appellants-defendants to hand over the vacant and peaceful possession of the suit shop in quesiton.

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Having heard the learned counsel for the appellantsdefendants and having perused the judgments and decree of both the Courts below, the prayer made by the learned counsel for the appellants seems to be reasonable and deserves to be granted subject to the appeal not being pressed on merits.

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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-plaintiff within a period of one and half year from today i.e. on or before 30.06.2016 and shall pay mesne profit @Rs.5,000/- per month [Rupees Five Thousand only] commencing 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 respondent/plaintiff also and in case there is any default in payment of mesne profit, the period of one and half year for eviction shall stand reduced and the decree of eviction would become executable forthwith. The appellants/defendants/tenants shall also clear all the arrears of rent and mesne profit and pay the same to the respondent/plaintiff within three months from today, otherwise the

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S.B. CIVIL SECOND APPEAL NO.33/2015. The Sirohi Sahakari Bhoomi & Anr. Vs. Rajendra Kumar

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Judgment dated 09.02.2015

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same will bear interest @ 9% per annum . The appellants/tenants 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 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 respondent-plaintiff within a period of one and half year from today or mesne profits are not paid as directed above, besides the expeditious execution of the decree in normal course, the respondent-plaintiff shall also be entitled to invoke the contempt jurisdiction of this Court.

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With the aforesaid directions, the present second appeal filed by the appellants-defendants-The Sirohi Sahakari Bhoomi Vikas Bank & Anr. stands dismissed as not pressed. A copy of this judgment 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/ / 8 /

The Sirohi Sahkari Bhoomi V.B. and Anr. v. Rajendra Kumar

Case brief

What is this about?

What did the court decide?

The Sirohi Sahkari Bhoomi V.B. and Anr. v. Rajendra Kumar

Case brief

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