Disposed

Akhilash and Anr. v. Shanti Thr Lrs and Anr.

Rajasthan HC18 May 2018CSA/217/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a second appeal in a landlord-tenant eviction suit. The court allowed defendants-appellants 18 months to vacate the premises but stayed eviction until November 30, 2019. It directed deposit of mesne profit at adjusted rates and granted liberty to plaintiffs to execute the decree upon default or breach of undertaking.

What did the court decide?

Allowed 18 months time to vacate premises till 30.11.2019; directed monthly deposit of mesne profit; granted liberty to execute decree on default of deposit or breach of undertaking.

Akhilash and Anr. Vs Shanti Thr Lrs and Anr. — Execution and Attachment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 217/2018

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Akhilash S/o Satyanarain B/c Nai Q, R/o Mohalla Chajusingh Ki Gali, Teshile District Alwar Raj

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Ramlal S/o Satyanarain B/c Nai, R/o Mohalla Chajusingh Ki Gali, Teshile District Alwar Raj

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----Appellants

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Versus

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Shanti Widow Laxminarain (Deceased)

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1/1. Smt. Pushpa Gupta W/o Omprakash Gupta, R/o House No. 3/421, Arawli Vihar, Alwar Rajasthan

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1/2. Smt. Sushila Gupta W/o Narendra Gupta, R/o Kalakuwa, Housing Board, Alwar Raj

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Manoj Adopted S/o Laxminarain B/c Mahajan, R/o Mohalla Chajusingh Ki Gali, Outside Malakheda Darwaja, Tehsile District Alwar Raj

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----Respondents

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For Appellant(s) : Mr. Mohd. Anees For Respondent(s) : Mr. Mohit Gupta

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Order

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18/05/2018

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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 13.3.2018 passed by learned Additional District Judge No.2, Alwar in civil regular appeal No.24/2008 whereby the court below has dismissed the appeal filed by the defendants-appellants and confirmed the judgment and decree dated 28.2.2008 passed by Civil Judge (Jr. Div.) No.2, Alwar in Civil Suit No.99/2005 whereby the suit of the plaintiffs-

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(2 of 3)

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[CSA-217/2018]

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respondents for eviction of the defendants-appellants from rented premise and recovery of rent was decreed.

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Shri Mohd. Anees, learned counsel appearing for the defendants-appellants after arguing the matter at some time, on instructions of his client stated that time of 18 months may kindly be granted to the appellants to vacate the tenanted premises.

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Mr. Mohit Gupta, learned counsel appearing for the plaintiffsrespondents, on instruction of his client has no objection in granting 18 months’ time to the defendants-appellants to vacate the tenanted premises.

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In view of the aforesaid submission of learned counsel for 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 up to 30^th November, 2019 but not beyond that, subject to condition that they would hand over the vacant and peaceful possession of the tenanted premises to the plaintiffs-respondents on or before 30^th November, 2019.

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The defendants-appellants shall deposit arrears of mesne profit, if any, due towards them up to 31^st April, 2018 at the monthly rate of Rs.250/- within a period of one month from today with the bank account of the plaintiffsrespondents and thereafter, from the month of May, 2018, the defendants-appellants shall continue to deposit the mesne profit at the monthly rate of Rs.750/- in the bank account of the plaintiffs-respondents by 15^th of each succeeding month.

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The defendants-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 defendants-appellants fail to deposit the mesne profit consecutively for four months, the plaintiffsrespondents shall be at liberty to execute the decree without any further reference to the Court.

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(3 of 3) [CSA-217/2018]

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Further, the defendants-appellants shall submit an undertaking on oath incorporating the aforesaid conditions before the trial court within a period of four weeks from the date of this order. In case, the defendants-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 plaintiffsrespondents shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with law.

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

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(PRAKASH GUPTA),J

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Bairwa/57

Akhilash and Anr. v. Shanti Thr Lrs and Anr.

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Akhilash and Anr. v. Shanti Thr Lrs and Anr.

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