Disposed

Dena Bank and Ors. v. Sh Shivprasad Soni and Anr.

Rajasthan HC31 May 2018CSA/168/2018

Case brief

AI extract

What is this about?

The single-bench High Court disposed of the second appeal by granting the appellants-lessees a one-year extension to vacate the suit premises. The court allowed this without hearing on merits given the respondent's consent but imposed strict conditions for possession and continuous deposit of mesne profits.

What did the court decide?

Appellants granted one year extension to vacate; subject to depositing mesne profits at Rs.1,500/month and submitting undertaking.

Dena Bank and Ors. Vs Sh Shivprasad Soni and Anr. — Landlord and Tenant | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Second Appeal No. 168/2018

¶3

Dena Bank, Branch Ramgarh Shekhawati, Dist. Sikar, Through Its Manager.

¶4

Zonal Manager, Dena Bank, Barfkhana, Adarsh Nagar, Jaipur.

¶5

General Manager, Dena Bank, Sansad Marg, New Delhi.

¶6

Chairman, Dena Bank, Mumbai.

¶7

----Appellants-Defendants

¶8

Versus

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Sh. Shivprasad Soni S/o Shri Omprakash, B/c Soni, R/o Ward No. 16, Town Ramgarh Shekhawati, Distt. Sikar.

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Sh. Ismail Mureed S/o Shri Kutubuddin Mureed, B/c Muslim, R/o Ward No. 14, Town Ramgarh Shekhawati, Distt. Sikar.

¶11

----Respondents-Plaintiffs

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For Appellant(s) : Mr. Lakhvir Singh, Dy. Zonal Manager For Respondent(s) : Mr. Ismail Mureed

¶13

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 Second Appeal under Section 100 CPC has been filed by the defendants-appellants aggrieved by the judgment and decree dated 03^rd January, 2018 passed by the learned Additional District Judge, Fatehpur Shekhawati, District Sikar whereby the learned court below dismissed the appeal filed by the defendants-appellants against the judgment and decree dated 13^th February, 2017 passed by the Civil Judge Fatehpur, Shekhawati in Civil Suit No.51/2015(CIS No.818/2015).

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(2 of 3)

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[CSA-168/2018]

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On behalf of appellant Shri Lakhvir Singh, Dy. Zonal Manager has not pressed this appeal on merits. The only prayer made by him is that time of one year may kindly be granted to him to vacate the tenanted premises.

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Respondent Shri Ismail Mureed 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 second appeal is being decided in the following terms:-

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The defendants-appellants shall be entitled to continue in possession of the suit premises uptill 31^th May, 2019 but not beyond that, subject to condition that they would hand over the vacant and peaceful possession of the tenanted premises to the respondents on or before 31^th May, 2019.

¶23

The appellants shall deposit arrears of mesne profit, if any, due towards them up to 31^st May, 2018 at the rate of Rs.150/- per month within a period of one month from today with the bank account of the respondents and thereafter, from the month of June, 2018, the appellants shall continue to deposit the mesne profit at the rate of Rs.1,500/- in the bank account of the respondents by 15^th of each month.

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The appellants 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 appellants fail 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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(3 of 3)

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[CSA-168/2018]

¶28

Further, the appellants shall submit an undertaking on oath incorporating the aforesaid conditions before the Civil Judge Fatehpur, Shekhawati within a period of four weeks from the date of this order. In case, the appellants fail to submit the undertaking as aforesaid within four weeks from today and/or commit breach of any of the conditions of this order, the respondents shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with law.

¶29

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

¶30

(PRAKASH GUPTA),J

¶31

Sanjay Gaur/88

Dena Bank and Ors. v. Sh Shivprasad Soni and Anr.

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Dena Bank and Ors. v. Sh Shivprasad Soni and Anr.

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