Dismissed

Rajendra Kumar v. Bhanwar Lal

Rajasthan HC10 Feb 2015CSA/803/2011

Case brief

AI extract

What is this about?

In a second appeal regarding eviction and recovery of rent, the High Court dismissed the appeal as withdrawn. The court granted the appellant time to hand over possession but imposed strict conditions including payment of mesne profit, adherence to the withdrawal terms, and the threat of immediate execution proceedings for non-compliance.

What did the court decide?

Appeal dismissed as withdrawn; direction to tenant to hand over possession by 30/06/2016; payment of mesne profit and rent from March 2015.

Rajendra Kumar Vs Bhanwar Lal — Execution and Attachment | Rajasthan HC (2015)

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CSA No.803/2011 – Rajendra Kumar vs. Bhanwar Lal Judgment dt: 10/2/2015

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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AT JODHPUR.

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:: J U D G M E N T ::

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S.B. CIVIL SECOND APPEAL No.803/2011

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Rajendra Kumar vs. Bhanwar Lal

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Date of Judgment

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th :::: 10 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. Arvind Samdariya, for the appellant/defendant/tenant. Mr. Ravi Bhansarli, for the respondent/plaintiff/landlord.

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BY THE COURT :

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Heard.

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The appellant/defendant/tenant has preferred this second appeal aggrieved by the impugned judgment and decree dated 29.9.2011 passed by learned Additional Addl. District Judge (Fast Track) No.1, Bhilwara in Civil Appeal No.31/2008, dismissing the appellant's appeal and affirming the judgment and decree dated 10/9/2007 passed by learned Civil Judge (Jr. Division), East, Bhilwara in Civil Original Suit No.114/2000 (Bhanwar Lal vs. Rajendra Kumar) whereby the suit filed by the respondent/plaintiff for eviction and recovery of rent against the appellant/defendant was allowed.

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CSA No.803/2011 – Rajendra Kumar vs. Bhanwar Lal Judgment dt: 10/2/2015

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The respondent/plaintiff, filed the suit for eviction and recovery of rent in connection with suit shop situated in Ward No.21, Bhopalganj, Bhilwara, which was let out by him to the appellant/tenant on 5/12/78. The eviction was sought on the ground of bonafide need for setting up the business for his sons.

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Both the courts below concurrently found favour with the plaintiff on the basis of relevant material and evidence led before them.

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Learned counsel for the appellant/defendant upon instructions submits that the appellant/defendant may be permitted to withdraw the present second appeal, however, some reasonable time may be granted to the appellant to handover the vacant and peaceful possession of the suit shop.

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Accordingly, the present second appeal of the appellant/defendant is dismissed as withdrawn and with a direction to the appellant/defendant to submit an undertaking to the effect that he will hand over the peaceful and vacant possession of the suit shop to the respondent/landlord on or before 30/06/2016 with the conditions given below.

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(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 30/6/2016 . The respondent/plaintiff shall not execute the impugned decree till 30/6/2016 .

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(ii) The appellant/defendant shall pay the mesne profit 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

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CSA No.803/2011 – Rajendra Kumar vs. Bhanwar Lal Judgment dt: 10/2/2015

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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 respondent/plaintiff. The appellant/defendant shall pay the monthly rent @ Rs.3000/- per month from March, 2015 for the use and occupation of the suit shop.

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(iii) The appellant/defendant shall further undertake that he shall 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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(iv) The appellant shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court by 10/3/2015 and one copy thereof along with affidavit in this Court.

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(v) The respondent-plaintiff 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 appellant/defendant do not comply with any of the aforesaid conditions, then it will be open for the respondent-plaintiff to get the decree passed in his favour executed forthwith even before the aforesaid date i.e. 30/6/2016 and the respondent/plaintiff may also initiate the contempt proceedings in this Court against the appellant/defendant.

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CSA No.803/2011 – Rajendra Kumar vs. Bhanwar Lal Judgment dt: 10/2/2015

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With the aforesaid terms, conditions and directions, the present second appeal of the appellant/defendant 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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baweja/37

Rajendra Kumar v. Bhanwar Lal

Case brief

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Rajendra Kumar v. Bhanwar Lal

Case brief

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