Allowed

Lrs.of Ram Dev v. Smt.Suvati Devi and Ors.

Rajasthan HC18 Mar 2015CSA/54/2015

Case brief

AI extract

What is this about?

The High Court dismissed the withdrawn second appeal in a landlord-tenancy dispute, directing the tenant's legal representatives to hand over possession within a specific timeline and adhere to conditions regarding mesne profits and non-subletting.

What did the court decide?

Appeal dismissed as withdrawn; possession directed to be handed over by 31/03/2016 subject to conditions; mesne profit to be paid.

Lrs.of Ram Dev Vs Smt.Suvati Devi and Ors. — Property and Title | Rajasthan HC (2015)

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S.B. CIVIL SECOND APPEAL No.54/2015. LR's of Shri Ramdev S/o late Sh. Heeralal Vs. Smt. Suvati Devi W/o late Sh. Rawat Mal & Ors.

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Order dated 18/03/2015

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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.54/2015.

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Legal Representatives of Shri Ramdev S/o late Sh. Heeralal, by caste Mali Vs. Smt. Suvati Devi W/o late Sh. Rawat Mal, by caste Daga Osal & Ors.

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th Date of Order :::: 18 March, 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. Manoj Bhandari, for the appellant/defendant/tenant.

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BY THE COURT :

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The appellants/defendants, who are legal representatives of original defendant/tenant, Sh. Ramdev, having concurrently lost the legal battle, have preferred this second appeal aggrieved by the impugned judgment and eviction decree dated 16.01.2015 passed by learned Additional District Judge No.3, Bikaner in Civil Appeal No.20/2014 (61/2014)-LR's of Ramdev Vs. Smt. Suvati Devi & Ors. , dismissing the appellants' appeal and affirming the judgment and eviction decree dated 21.02.2014 passed by learned Additional Civil Judge (Jr. Division) No.3, Bikaner, in Civil Original Suit No.400/2004-Smt.

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S.B. CIVIL SECOND APPEAL No.54/2015. LR's of Shri Ramdev S/o late Sh. Heeralal Vs.

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Smt. Suvati Devi W/o late Sh. Rawat Mal & Ors.

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Order dated 18/03/2015

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Suvati Devi Wd/o late Sh. Rawatmal Vs. LR's of Ramdev , 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 plaintiffs, Smt. Suvati Devi Wd/o late Sh. Rawatmal, filed the suit for eviction and recovery of rent in connection with suit shops, situated Gangasahar, Bikaner, which was let out to Sh. Ramdev, who is now represented by his legal representatives at a monthly rent of Rs.130/-. The eviction was sought on account of default of 39 months in payment of monthly rent by the defendant/tenant and on the ground of personal and bonafide need for her sons of selling grocery items. The plaintiff 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 pressed on merits and with a direction to the appellants/defendants to submit an undertaking to the effect that

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S.B. CIVIL SECOND APPEAL No.54/2015. LR's of Shri Ramdev S/o late Sh. Heeralal Vs.

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Smt. Suvati Devi W/o late Sh. Rawat Mal & Ors.

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Order dated 18/03/2015

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they will hand over the peaceful and vacant possession of the suit premises to the respondents/landlord on or before 31.03.2016 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 31.03.2016 . The respondents/plaintiffs shall not execute the impugned decree till 31.03.2016 .

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(ii) The appellants/defendants shall pay the mesne profit of Rs.500/- 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 they do so, the same will be treated as void.

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S.B. CIVIL SECOND APPEAL No.54/2015.

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LR's of Shri Ramdev S/o late Sh. Heeralal Vs.

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Smt. Suvati Devi W/o late Sh. Rawat Mal & Ors.

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Order dated 18/03/2015

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(iv) The appellants shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court by 30/04/2015 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. .

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(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. 31.03.2016 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 judgment 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/4

Lrs.of Ram Dev v. Smt.Suvati Devi and Ors.

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Lrs.of Ram Dev v. Smt.Suvati Devi and Ors.

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