Disposed

Smt Vidhya Devi and Ors. v. Hajari Lal

Rajasthan HC18 Jan 2018CSA/776/2017

Case brief

AI extract

What is this about?

On consent of both parties, the High Court of Rajasthan allowed the appellants-tenants to continue occupation of the premises until July 31, 2019, with conditions regarding mesne profits, payment of arrears, and prohibition on alienation, before requiring them to hand over possession.

What did the court decide?

Tenants granted to vacate premises on or before 31st July, 2019; directed to pay mesne profits and arrears; conditional allowance of continued occupation.

Smt Vidhya Devi and Ors. Vs Hajari Lal — Landlord and Tenant | 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. 776 / 2017

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Smt. Vidhya Devi W/o Late Shri Suresh Chand,

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Rohitash S/o Late Shri Suresh Chand

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Chotu S/o Late Shri Suresh Chand

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Smt. Anjana D/o Late Shri Suresh Chand,

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All B/c Cheepi, R/o Mohalla Basdi, Town Kotputli, District Jaipur Rajasthan

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----Appellants

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Versus

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Hajari Lal S/o Shri Ghasi Ram Lakhera, R/o Mohalla Basdi, Town Kotputli, District Jaipur Rajasthan

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----Respondent

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For Appellant(s) : Mr. M.M. Ranjan, Sr. Counsel with Mr. Daulat Sharma

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For Respondent(s) : Mr. L.M. Bhardwaj

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HON'BLE MR. JUSTICE ALOK SHARMA Judgment

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18/01/2018

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After arguing the matter at some length, the learned counsel for the appellants-tenants submits on instruction of his client that the appellants-tenants shall vacate the tenanted premises on or before 31^st July, 2019, during which period the appellants-tenants would make arrangements for an alternative premises to run their business.

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Mr. LM Bhardwaj, appearing for respondent-landlord, with instruction from his client agreed to the proposal of learned counsel for the appellants-tenants and submits that in the event of the judgment and decree passed by Additional District Judge,

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(2 of 3)

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[CSA-776/2017]

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Kotputli, District Jaipur dated 17.11.2017 were to be upheld, the respondent-landlord would have no objection with the appellantstenants continuing in occupation of the tenanted premises in question only till 31^st July, 2019 and in no event beyond the said date.

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In view of the consent of learned counsel for the parties, the civil second appeal is disposed of with the following directions:-

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(i) The appellants-tenants shall be entitled to continue in occupation of the tenanted premises in question upto 31^st July, 2019, but not beyond subject to condition that they would hand over the vacant possession of the premises in question to respondent-landlord on or before 31^st July, 2019.

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(ii) The appellants-tenants shall pay arrears of rent or mesne profits, if any, till 31^st January, 2018, as determined by the courts within a period of two months from today.

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(iii) The appellants-tenants commencing 1^st February, 2018 shall pay to respondent-landlord, mesne profits @ Rs.2,500/- per month on or before 10^th of each month.

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(iv) The appellants-tenants 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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Further, the appellants-tenants shall submit an undertaking incorporating the aforesaid conditions before the trial court within a period of thirty days, from the date of this order. In case the appellants-tenants fail to submit the undertaking as aforesaid

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(3 of 3)

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[CSA-776/2017]

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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 17.11.2017 and obtain possession of the premises in issue forthwith in accordance with law.

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The civil second appeal stands disposed of accordingly.

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(ALOK SHARMA)J.

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Smt Vidhya Devi and Ors. v. Hajari Lal

Case brief

What is this about?

What did the court decide?

Smt Vidhya Devi and Ors. v. Hajari Lal

Case brief

What is this about?

What did the court decide?

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