Disposed

Fakir Mohad v. S D Vijay Thr Lrs

Rajasthan HC16 May 2018CSA/271/2017

Case brief

AI extract

What is this about?

The High Court disposed of the second appeal where the appellant did not contest merits but sought time to vacate premises. The court granted possession until November 15, 2019, contingent on depositing mesne profit and submitting an undertaking, allowing decree execution if conditions breached.

What did the court decide?

Possession granted until 15 Nov 2019; appellant to deposit mesne profits and submit undertaking; failure allows execution of decree.

Fakir Mohad Vs S D Vijay Thr Lrs — Execution and Attachment | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Second Appeal No. 271/2017

¶3

Fakir Mohd. S/o Deen Mohd. Shaikh, R/o Shop And House No. 2- Ma-14, Vigyan Nagar, Kota (Raj.)

¶4

----Defendant-Appellant

¶5

Versus

¶6

S.D. Vijay S/o Shri Ram Kalyan Ji Vijay, B/c Mahajan, R/o Shop And House No. 2-Ma-14, Vigyan Nagar, Kota (Raj.) (Since Deceased Through Lrs)

¶7

1/1. Kanta Vijay W/o S.c. Vijay, B/c Mahajan, R/o House No. 2-Ma-14, Vigyan Nagar, Kota (Raj.)

¶8

1/2. Rajeev Vijay S/o S.c. Vijay, B/c Mahajan, R/o House No. 2-Ma-14, Vigyan Nagar, Kota (Raj.)

¶9

1/3. Sanjeev Vijay S/o S.c. Vijay, B/c Mahajan, R/o House No. 2-Ma-14, Vigyan Nagar, Kota (Raj.)

¶10

1/4. Sonali Vijay D/o S.c. Vijay, B/c Mahajan, R/o House No. 2-Ma-14, Vigyan Nagar, Kota (Raj.)

¶11

----Plaintiffs-Respondents

¶12

For Appellant(s) : Mr. Shailesh Prakash Sharma For Respondent(s) : Mr. Amit Dadhich

¶13

HON'BLE MR. JUSTICE PRAKASH GUPTA

¶14

Judgment

¶15

16/05/2018

¶16

The instant Civil Second Appeal under Section 100 CPC has been filed by the defendant-appellant aggrieved by the judgment and decree dated 31^st March, 2017 passed by the learned Additional District Judge No.2, Kota whereby the learned court below dismissed the appeal filed by the defendant-appellant against the judgment and decree dated 19^th November, 2016 passed by the Additional Civil Judge No.1 (South), Kota in Civil Suit No.108/1995(2455/2014).

¶17

(2 of 3)

¶18

[CSA-271/2017]

¶19

Learned counsel for the appellant Shri Shailesh Prakash Sharma after arguing the matter at some length, on instruction of his client, has not pressed this appeal on merits. The only prayer made by him is that time of one and a half year may kindly be granted to the appellant to vacate the tenanted premises.

¶20

Learned counsel appearing for the respondent Shri Amit Dadhich on instructions of his clients has no objection in granting the time as prayed for by the appellant for vacating the tenanted premises.

¶21

In view of the aforesaid submission of learned counsel for the parties, this second appeal is being decided in the following terms:-

¶22

The defendant-appellant shall be entitled to continue in possession of the suit premises uptill 15^th November, 2019 but not beyond that, subject to condition that he would hand over the vacant and peaceful possession of the tenanted premises to the respondents on or before 15^th November, 2019.

¶23

The appellant shall deposit arrears of mesne profit, if any, due towards them up to 30^th April, 2018 at the rate of Rs.1,800/- per month within a period of one month from today with the bank account of the respondents and thereafter, from the month of May, 2018, the appellant shall continue to deposit the mesne profit at the rate of Rs.4,000/- in the bank account of the respondents by 15^th of each month.

¶24

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.

¶25

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.

¶26

(3 of 3)

¶27

[CSA-271/2017]

¶28

Further, the appellant shall submit an undertaking on oath incorporating the aforesaid conditions before the Additional Civil Judge No.1 (South), Kota 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.

¶29

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

¶30

(PRAKASH GUPTA),J

¶31

Sanjay Gaur/70

Fakir Mohad v. S D Vijay Thr Lrs

Case brief

What is this about?

What did the court decide?

Fakir Mohad v. S D Vijay Thr Lrs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gopallal Alias Gopal Singh Vs Mahaveer Prasad

Hanuman Sahay Vs Ram Sahay

Sita Ram Vs Trilok Chand Hurkat

Smt Chandrabhaga and Ors. Vs Banwari Lal Agarwal and Ors.

Akhilash and Anr. Vs Shanti Thr Lrs and Anr.

State of Raj Thr Distt Collector and Ors. Vs Murari Lal Verma