The High Court of Rajasthan disposed of a civil second appeal wherein the appellant-tenant was granted leave to vacate the premises by April 30, 2019, subject to conditions regarding rent payment and non-alienation.
Appellant granted leave to continue occupation until April 30, 2019, contingent on payment of arrears and mesne profits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Second Appeal No.576/2017
Ramesh Chand S/o Late Radhe Sinhal, B/c Agarwal, R/o House No. 4182, Gandhi Chowk, Khataoli Mohalla, Nasirabad, District Ajmer. ----Appellant
Versus
_____________________________________________________ For Appellant(s) : Mr.Parinitoo Jain. For Respondent(s) : Mr.M.M. Ranjan, Senior Advocate with Mr.Rahul Agrawal.
HON'BLE MR. JUSTICE ALOK SHARMA
Order
01/02/2018
After arguing the matter at some length, the learned counsel for the appellant-tenant submits on instruction of his client that the appellant-tenant shall vacate the tenanted premises on or before 30th April, 2019, during which period the appellant-tenant would make arrangements for an alternative premises to run his business.
Mr. M.M. Ranjan, Senior Advocate appearing for respondentlandlord, with instruction from his client agreed to the proposal of learned counsel for the appellant-tenant and submits that in the event of the judgment and decree passed by Additional District Judge No.3, Ajmer dated 05.07.2017 were to be upheld, the respondent-landlord would have no objection with the appellanttenant continuing in occupation of the tenanted premises in
(2 of 3)
[CSA-576/2017]
question only till 30th April, 2019 and in no event beyond the said date.
In view of the consent of learned counsel for the parties, the civil second appeal is disposed of with the following directions:-
(i) The appellant-tenant shall be entitled to continue in occupation of the tenanted premises in question upto 30th April, 2019, but not beyond subject to condition that he would hand over the vacant possession of the premises in question to respondent-landlord on or before 30th April, 2019.
(ii) The appellant-tenant shall pay arrears of rent or mesne profits, if any, till 31st January, 2018, as determined by the courts within a period of two months from today.
(iii) The appellant-tenant commencing 1st February, 2018 shall pay to respondent-landlord, mesne profits @ Rs.750/- per month on or before 10th of each month.
(iv) The appellant-tenant shall not alienate or otherwise create third party right, or hand over possession of the tenanted premises in question to any other person.
Further, the appellant-tenant shall submit an undertaking incorporating the aforesaid conditions before the Additional District Judge No.3, Ajmer, within a period of thirty days, from the date of this order. In case the appellant-tenant fails to submit the undertaking as aforesaid within thirty days from today, and/ or breaches the conditions of this order, the respondent-landlord shall be entitled to the immediate execution of the judgment and possession certificate dated 05.07.2017 and obtain possession of
(3 of 3)
[CSA-576/2017]
the premises in issue forthwith in accordance with law. The breach of this order shall also be liable to be punished as contempt of the court.
The civil second appeal stands disposed of accordingly.
(ALOK SHARMA)J.
Karan/91
Ramesh Chand S/o Late Radhe Sinhal
Smt. Satyabhama W/o Kishan
Smt. Kusum W/o Shri Nand Kishore
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
