Disposed

Onkar Ram v. Daula Ram

Rajasthan HC3 Oct 2018CSA/188/2017

Case brief

AI extract

What is this about?

In S.B. Civil Second Appeal No. 188/2017, the High Court of Rajasthan disposed of an eviction appeal where parties compromised. The appellant was granted time to vacate until December 31, 2019, contingent upon an undertaking to pay mesne profit and rent, with a warning of immediate execution for breach.

What did the court decide?

Second appeal disposed; appellant directed to furnish undertaking within one month to vacate by 31.12.2019, pay mesne profit and arrears, and not sub-let; respondent to withhold execution pending comp

Onkar Ram Vs Daula Ram — Civil Procedure and Limitation | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Second Appeal No. 188/2017

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Onkar Ram S/o Shri Padma Ram Ji, B/c Jat, Resident of Village Sujanpura, In Previous Time Tehsil Nawa, Presently Tehsil Kuchaman City, District Nagaur.

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----Appellant

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Versus

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Daula Ram S/o Goma Ram, B/c Jat, Resident Of Village Nonpura, Tehsil Nawa, District Nagaur.

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----Respondent

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For Appellant(s) : Mr. C.P. Soni For Respondent(s) : Mr. O.P. Rathi

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HON'BLE MR. JUSTICE P.K. LOHRA

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Judgment

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03/10/2018

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Appellant-defendant has preferred this second appeal aggrieved by impugned judgment & decree dated 4^th of May, 2017 passed by Addl. District Judge, Parbatsar (for short, ‘first appellate Court’) dismissing the appellant's appeal, and partly allowing the appeal of plaintiff-respondent against judgment and decree dated 28^th of October, 2013 passed by Civil Judge (Sr. Div.), Parbatsar (for short, ‘learned trial Court’), whereby the suit filed by respondent-plaintiff, for eviction and recovery of rent against appellant-defendant was decreed.

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Brief facts, giving rise to the present appeal are that respondent-plaintiff filed a suit for eviction and recovery of rent

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(2 of 5) [CSA-188/2017]

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against appellant-defendant stating that the suit property shop situated at Sikar Road, Kuchaman City was taken on rent by the appellant-defendant on rent @300 per month on 01.08.2000 and rent deed to that effect was written by him on 19.08.2000. Notice terminating the tenancy was given on 08.05.2000 but could not be served as such another notice was given on 22.05.2009. The plaintiff claimed unpaid rent of 32 months with interest on the arrears of rent. Written statement to the plaint was filed by the appellant refuting the averments of plaint in toto while raising additional pleas to support his case. Learned trial Court on the basis of pleadings of rival parties framed issues for determination and thereafter the rival parties tendered ocular as well as documentary evidence. Learned trial Court, thereafter, proceeded to decide the issues and after appreciating the evidence available on record decreed the suit filed by respondent-plaintiff directing the defendant to vacate the shop in question within a period of two months. The judgment and decree passed by learned trial Court was challenged by way appeal by the appellant-defendant as well as respondent-plaintiff before the first appellate Court, which dismissed the appeal of defendant-appellant affirming the judgment & decree passed by lower Court and allowed the appeal of plaintiff-respondent directing the appellant-defendant to pay rent @Rs.300 per month from 31.03.2007 and mesne profit @Rs.3000 from termination of tenancy till handing over vacant possession of the shop to respondent-plaintiff.

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Learned counsel for the appellant-defendant, upon instructions, submits that the appellant-defendant is not pressing

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(3 of 5)

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[CSA-188/2017]

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the appeal on merits but craving that a reasonable time may be granted to him to handover vacant and peaceful possession of the suit premises.

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Learned counsel for the respondent-landlord has very candidly accepted the proposal of learned counsel for the appellant to allow some time to the appellant for vacating the rented premises. After thorough deliberations, learned counsel for the respondent-landlord has agreed to allow a reasonable time to the appellant to vacate the premises latest by 31^st of December, 2019 subject to his paying mesne profit @Rs.3000 from termination of tenancy i.e. 25.05.2009 till handing over vacant possession of the shop to respondent-plaintiff as ordered by learned first appellate Court.

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The aforesaid reasonable period to vacate the premises as with mesne profit @ Rs.3000 per month from 25.05.2009 and payment of arrears of rent is accepted by learned counsel for the appellant without any demure.

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Accordingly, the present second appeal of the appellantdefendant is closed with a direction to the appellant-defendant to furnish a written undertaking in the trial Court within a month incorporating following conditions:

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(i) The appellant-defendant shall hand-over the vacant and peaceful possession of the suit property in dispute to the respondents-plaintiff on or before 31.12.2019 and shall not cause any damage to the rented property and

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(4 of 5)

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[CSA-188/2017]

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also shall maintain the same as it is and the respondent-plaintiff shall not execute the impugned decree till 31.12.2019.

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(ii) The appellant-defendant shall pay mesne profit of Rs.3000 per month from 25.05.2009 and will further continue to pay mesne profit every month by 15^th day of the next succeeding month or in advance to the respondent uptil vacant possession is handed over to the respondents-landlord. The arrears of rent and mesne profit, as determined by the first appellate Court, 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.

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(iii) The appellant-defendant shall undertake that he will 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 and if he do so, the same will be treated as void.

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(iv) The respondent-plaintiff will furnish the details of bank account number in which the arrears of rent, mesne profit and regular mesne profit is now to be paid. Arrears of rent and mesne profit is to be deposited by appellant-defendant within a period of three months from today .

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(5 of 5) [CSA-188/2017]

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The appellant shall submit a copy of the undertaking before this Court along with his affidavit. It is made clear that in case the appellant-defendant does not comply with any of the aforesaid conditions, then it will be open for the respondentplaintiff to get the decree executed forthwith even before the aforesaid date, i.e., 31.12.2019, and the respondent-plaintiff may also initiate contempt proceedings in this Court against the appellant-defendant.

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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.

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A copy of this judgment be sent to the learned Courts below forthwith.

Onkar Ram v. Daula Ram

Case brief

What is this about?

What did the court decide?

Onkar Ram v. Daula Ram

Case brief

What is this about?

What did the court decide?

What the court decided

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