Disposed

Jagdish v. Daudayal Prabhu Mandir Pranyas Hathi Ram

Rajasthan HC20 Sept 2018CSA/43/2018

Case brief

AI extract

What is this about?

Second appeal in an eviction suit was disposed of without merits. The court accepted a settlement proposal allowing the appellant to vacate premises by 31.12.2019, pay enhanced mesne profit, and submit an undertaking to maintain property and refrain from subletting.

What did the court decide?

Appellant directed to vacate premises by 31.12.2019, pay enhanced mesne profit of Rs.1500/month, submit undertaking, and pay arrears within three months; decree execution stayed subject to compliance.

Jagdish Vs Daudayal Prabhu Mandir Pranyas Hathi Ram — Specific Performance | 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. 43/2018

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Jagdish S/o Premsingh, B/c Mali, R/o Daudayal Prabhu Mandir, Hathiram Ka Oda, Jodhpur (Rajasthan)

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----Appellant

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Versus

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Daudayal Prabhu Mandir Pranyas Hathi Ram Ka Oda, Jodhpur, through Kantilal Purohit S/o Akheraj Purohi, R/o Jodhpur.

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----Respondent

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For Appellant(s) : Mr. Rajeev Kumar and Mr. Kaushal Sharma For Respondent(s) : Mr. Narendra Thanvi

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HON'BLE MR. JUSTICE P.K. LOHRA

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Order

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20/09/2018

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Appellant-defendant has preferred this second appeal aggrieved by impugned judgment & decree dated 6^th of November, 2017 passed by District & Sessions Judge, Jodhpur Metropolitan, dismissing the appellant's appeal, and affirming judgment and decree dated 18^th of November, 2016 passed by Addl. Sr. Civil Judge No.6, Jodhpur Metropolitan, whereby the suit filed by respondent-plaintiff, a trust named Daudayal Prabhu Mandir Pranyas, for eviction and recovery of rent against appellantdefendant was decreed.

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Brief facts, giving rise to the present appeal are that respondent-plaintiff-Trust filed a suit for eviction and recovery of rent against appellant-defendant in relation to the disputed

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(2 of 5)

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[CSA-43/2018]

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premises godown situated on Hathiram-Ka-Oda – Nagori Gate Road, Jodhpur, as described in the plaint, which was let out to the appellant-defendant at a monthly rent of Rs.150/- for keeping building materials. The plaint inter-alia alleged that the appellant-defendant paid rent only upto 31.08.1996 and thereafter neither the rent was offered nor tendered as such he defaulted in payment of rent and started residing in the said premises with his family without obtaining permission from the plaintiff-Trust and thereby caused material alteration. The suit was decreed by the court of first instance and thereafter the appellate Court affirmed the judgment & decree passed by lower Court.

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Learned counsel for the appellant-defendant, upon instructions, submits that the appellant-defendant is not pressing the appeal on merits and 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 the end of December, 2019 with enhanced mesne profit @ Rs.1500 per month w.e.f. 01.12.2017.

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(3 of 5)

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[CSA-43/2018]

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The aforesaid reasonable period to vacate the premises as well as enhanced amount of mesne profit @ Rs.1500 per month from 01.12.2017 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 submit an undertaking to the effect that he will hand over peaceful and vacant possession of the suit premises to the respondentslandlord on or before 31.12.2019 with the following conditions:

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(i) The appellant-defendant shall submit an undertaking and shall hand-over the vacant and peaceful possession of the suit property in dispute to the respondentsplaintiff on or before 31.12.2019 and shall not cause any damage to the rented property and shall maintain the same as it is. 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.1500 per month from 01.12.2017 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 Courts below, if not already paid, shall also be paid by the appellant within a period of three months from today and entire amount

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(4 of 5)

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[CSA-43/2018]

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including the amount already deposited on this account will be disbursed to the respondent-plaintiff.

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(iii) The appellant-defendant shall further 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 appellant shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court within a month and submit a copy thereof along with his affidavit in this Court.

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(v) 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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(vi). 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 respondent-plaintiff to get the decree passed in its favour 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 appellantdefendant.

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(5 of 5)

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[CSA-43/2018]

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With the aforesaid terms, conditions and directions, the

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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

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forthwith.

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(P.K. LOHRA),J

Jagdish v. Daudayal Prabhu Mandir Pranyas Hathi Ram

Case brief

What is this about?

What did the court decide?

Jagdish v. Daudayal Prabhu Mandir Pranyas Hathi Ram

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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