Disposed

Mustak and Others v. Manzoor and Others

Rajasthan HC6 Dec 2017CSA/830/2011

Case brief

AI extract

What is this about?

The High Court disposed of a second appeal in a civil suit for eviction and recovery of rent by staying the execution of the decree. The court directed the appellants to hand over vacant possession to the landlord by 05/12/2018, subject to conditions including payment of mesne profit, maintenance of the property, and prohibition on sub-letting. The tenant was granted one year to vacate.

What did the court decide?

Appeal disposed by granting one year to vacate possession pending compliance with conditions regarding mesne profit and non-sub-leasing.

Mustak and Others Vs Manzoor and Others — Property and Title | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 830 / 2011

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Mustak (since deceased) through his LRs Mustar & Others

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----Defendants/Appellants

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Versus

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Manzoor And Others

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----Respondents/plaintiffs

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Mr. S.S. Hasan for the appellants /defendants

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Mr. Girish Khandelwal for respondents/ plaintiffs

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Judgment

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06/12/2017

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The appellants/defendants (‘the appellants’ for short) have preferred the instant second appeal aggrieved by the impugned judgment and decree dated 27.09.2000 passed by learned Sr. Civil Judge (Jr. Division), Sawai Madhopur (‘the trial court’ for short) in civil suit No. 421/1993 which has been affirmed vide Judgment and Decree dated 28.08.2009 passed by learned District Judge, Sawai Madhopur (‘the learned first appellate court’) in regular civil appeal No. 56/2000, by which the suit of the plaintiffs/respondents (‘the respondent’ for short) for eviction and recovery of due rent has been decreed.

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Learned counsel for the appellants upon instructions submits that the appellants are not pressing the appeal on merits and craving that a reasonable time may be granted to them to handover the vacant and peaceful possession of the property in question.

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Learned counsel for the respondents/plaintiffs (landlord) has very candidly accepted the proposal of learned counsel for the appellants to

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(2 of 3)

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[CSA-830/2011]

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allow some time to the appellants for vacating the suit premises. After thorough deliberations, learned counsel for the respondents/plaintiffs (landlord) has agreed to allow a reasonable time to the appellants to vacate the premises preferably within one year with the mesne profit as determined by the learned courts below in its judgment and decree.

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The aforesaid reasonable period to vacate the premises as well as mesne profit as determined by the learned courts below in its judgment and decree is accepted by learned counsel for the appellants without any demure.

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Accordingly, the present second appeal of the appellants is closed with a direction to the appellants to submit an undertaking to the effect that they will hand over the peaceful and vacant possession of the suit premises to the respondents-landlord on or before 05/12/2018 with the following conditions:

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(i) The appellants shall submit an undertaking and shall hand-over the vacant and peaceful possession of the suit property in dispute to the respondents/plaintiffs (landlord) on or before 05/12/2018 and shall not cause any damage to the rented property and shall maintain the same as it is. The respondents/plaintiffs (landlord) shall not execute the impugned decree till 05.12.2018.

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(ii) The appellants shall pay the mesne profit as determined by the learned courts below in its judgment and decree. and will further continue to pay mesne profit every month by 15^th day of the next succeeding month or in advance to the respondents/plaintiffs (landlord) uptil vacant possession is handed over to the respondents/plaintiffs (landlord). The arrears of rent and mesne profit as determined by the Courts below, if not already paid, shall also be paid by the appellants within a period of three months from today and entire amount including the

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(3 of 3)

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[CSA-830/2011]

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amount already deposited on this account will be disbursed to the respondents/plaintiffs (landlord).

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(iii) The appellants shall further undertake that they would not sub-let, assign or part with the possession of the suit premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period else the same will be treated as void.

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(iv) The appellants shall furnish a written undertaking incorporating the aforesaid conditions before the trial Court by 18/01/2018 and one copy thereof along with affidavit in this Court.

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(v) The respondents/plaintiffs (landlord) will give the details of their bank account number in which the arrears of rent or mesne profit and regular mesne profit now to be paid, will be deposited within a period of three months from today.

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(vi). It is made clear that in case, the appellants do not comply with any of the aforesaid conditions, then it will be open for the respondents/plaintiffs (landlord) to get the decree passed in their favour executed forthwith even before the aforesaid date i.e. 05/12/2018 and the respondentlandlord may also initiate contempt proceedings in this Court against the appellants.

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With the aforesaid terms, conditions and directions, the present second appeal of the appellants is, accordingly, disposed of. No costs.

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A copy of this judgment be sent to the parties concerned and the learned Court below forthwith.

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(GOVERDHAN BARDHAR),J.

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Sharma NK

Mustak and Others v. Manzoor and Others

Case brief

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Mustak and Others v. Manzoor and Others

Case brief

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