Partly allowed

Bhanwar Lal and Another v. Hira Lal

Rajasthan HC31 May 2018CFA/350/2014

Case brief

AI extract

What is this about?

The High Court disposed of a civil first appeal regarding possession of suit premises. The court allowed the respondent-plaintiff to grant the appellant-defendant one year to vacate the tenanted premises, contingent on depositing mesne profits and submitting an undertaking. The appeal was disposed of based on this compromise.

What did the court decide?

Appellant granted time to vacate tenanted premises until May 31, 2020, subject to depositing mesne profits and filing an undertaking.

Bhanwar Lal and Another Vs Hira Lal — Landlord and Tenant | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil First Appeal No. 350/2014

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Bhanwar Lal son of Shri Ganeshnarain, By caste Bagra Brahmin, R/o Gram Mundiyaramsar, Tehsil & District, Jaipur. 2. Ramesh son of Shri Bhanwar Lal, By caste Bagra Brahmin, R/o Gram Mundiyaramsar, Tehsil & District, Jaipur.

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----Appellants-Defendants

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Versus

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Hira Lal son of Shri Govindram, By caste Jat, R/o Gram Post Sivar, Tehsil Jaipur, District Jaipur.

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----Respondent-Plaintiff

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Appellant No.1	: Mr.	Bhanwar Lal
Respondent	: Mr.	Hira Lal

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Judgment

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31/05/2018

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The instant Civil First Appeal under Section 96 CPC has been filed by the defendant-appellant aggrieved by the judgment and decree dated 26^th May, 2014 passed by the learned Additional District Judge No.4, Jaipur, District Jaipur.

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Appellant Shri Bhanwar Lal has not pressed this appeal on merits. The only prayer made by him is that time of two years may kindly be granted to him to vacate the tenanted premises.

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Respondent Shri Hira Lal has no objection in granting the time as prayed for by the appellant for vacating the tenanted premises.

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In view of the aforesaid submission made by the parties, this first appeal is being decided in the following terms:-

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The defendant-appellant shall be entitled to continue in possession of the suit premises uptill 31^th May, 2020 but

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[CFA-350/2014]

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(2 of 2)

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not beyond that, subject to condition that he would hand over the vacant and peaceful possession of the tenanted premises to the respondent on or before 31^th May, 2020. 2. The appellant shall deposit arrears of mesne profit, if any, due towards him up to 31^st May, 2018 at the rate of Rs.1,000/- per month within a period of one month from today with the bank account of the respondent and thereafter, from the month of June, 2018, the appellant shall continue to deposit the mesne profit at the same rate in the bank account of the respondents by 15^th of each month.

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The appellant shall not alienate or otherwise create third party right or hand over possession of the tenanted premises in question to any other person.

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If the appellant fails to deposit the mesne profit consecutively for four months, the respondents shall be at liberty to execute the decree without any further reference to the Court.

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Further, the appellant shall submit an undertaking on oath incorporating the aforesaid conditions before the Additional District Judge No.4, Jaipur, District Jaipur within a period of four weeks from the date of this order. In case, the appellant fails to submit the undertaking as aforesaid within four weeks from today and/or commits breach of any of the conditions of this order, the respondent shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with law.

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The first appeal stands disposed of accordingly, stay application is also disposed of.

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(PRAKASH GUPTA),J

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Sanjay Gaur/48

Bhanwar Lal and Another v. Hira Lal

Case brief

What is this about?

What did the court decide?

Bhanwar Lal and Another v. Hira Lal

Case brief

What is this about?

What did the court decide?

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