Partly allowed

Shankar Lal and Others v. Ram Prakash

Rajasthan HC5 Feb 2016CSA/52/2016

Case brief

AI extract

What is this about?

Appellants did not press the appeal on merits but sought time to vacate. Court granted two years to vacate suit premises on conditions including filing an undertaking, depositing arrears and mesne profit, and prohibiting third-party induction. Failure to comply allows immediate execution of the decree.

What did the court decide?

Direction to file undertaking within 15 days to handover possession by 31/01/2018, deposit arrears and mesne profit, barring third-party induction; execution allowed upon default.

Shankar Lal and Others Vs Ram Prakash — Landlord and Tenant | Rajasthan HC (2016)

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S.B. Civil Second Appeal No. 52/2016 Shankarlal & Ors. Vs. Ramprakash

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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ORDER

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S.B. Civil Second Appeal No. 52/2016 Shankarlal & Ors. Vs. Ramprakash

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Date of Order ::::::: 05/02/2016

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PRESENT

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Mr. Ram Naresh Vijay, for the appellants.

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Learned counsel for the appellants Mr. Ram Naresh Vijay, has not pressed this appeal on merits. The only prayer has been made by him that Two years time may kindly be granted to the appellants to vacate the suit premises. Thus, this appeal is being decided in the following terms:-

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(1) The appellants are directed to file an undertaking on oath before this court within a period of 15 days from today to the effect that they shall handover the vacant and peaceful possession of the suit premises to the respondent on or before 31/ 01/ 2018.

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(2) The appellants shall deposit arrears of rent/ mesne profit which have accrued upto the month of January, 2016 within a period of one month from today in the bank account of the respondent and thereafter, from 01/ 02/ 2016 to 31/ 01/ 2018 the appellants shall deposit the mesne profit @ Rs.30/ - per month in the bank account of the respondent by 10^th of each month.

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(3) The appellants shall not induct any third party in the suit premises till then.

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It is clarified that if the appellants fail to comply with any of the

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S.B. Civil Second Appeal No. 52/2016 Shankarlal & Ors. Vs. Ramprakash

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aforesaid conditions or fail to deposit the mesne profit consecutively for four months, the respondent shall be at liberty to execute the decree without any further reference to the Court.

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The second appeal stands disposed of accordingly. Stay application is

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also disposed of.

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(Prakash Gupta) J.

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S.R. Kumawat/ -29

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All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.

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Seva Ram Kumawat

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Jr. P.A.

Shankar Lal and Others v. Ram Prakash

Case brief

What is this about?

What did the court decide?

Shankar Lal and Others v. Ram Prakash

Case brief

What is this about?

What did the court decide?

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