Allowed

Vinod Kumar v. Mahendra Raj

Rajasthan HC9 Aug 2019CFA/104/2019

Case brief

AI extract

What is this about?

High Court disposed of S.B. Civil First Appeal No. 104/2019 based on mutual compromise. Court modified lower judgment to allow 50% mesne profit contingent on peaceful property handover and partial payment within specified timelines, dismissing remaining pending applications.

What did the court decide?

Appeal allowed; lower decree modified to allow 50% mesne profit if property handed over within three days and half amount paid within twenty days; pending applications disposed.

Vinod Kumar Vs Mahendra Raj — Landlord and Tenant | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil First Appeal No. 104/2019

¶3

Vinod Kumar S/o Shri Nand Lal, Aged About 50 Years, B/c Gaur (Brahmin), Jodhpur Tailors, Near Sankhala Clinic, Bus Stand Road, Jaitaran, District Pali (Raj.)

¶4

----Appellant

¶5

Versus

¶6

Mahendra Raj S/o Shri Daulat Raj Ji Mehta, R/o Jaitaran, District Pali (Raj.)

¶7

----Respondent For Appellant(s) : Mr. C.P. Soni Mr. Vinod Kumar (Appellant) For Respondent(s) : Mr. Sandeep Saruparia

¶8

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

¶9

Order

¶10

09/08/2019

¶11

Both the counsels agree that a compromise has been arrived at between the parties.

¶12

Learned counsel for the appellant-defendant submits that he has instructions not to press this appeal and handover the property in question peacefully to the respondent-plaintiff.

¶13

Learned counsel appearing for the respondent-plaintiff has in view of gesture shown by the appellant-defendant, agreed to only receive 50% of the mesne profit as already assessed by the learned court below.

¶14

In view thereof, the judgment and decree passed by the learned court below is modified to the extent of allowing 50% of the mesne profit and the said modification is subject to the appellant handing over the property peacefully within three days

¶15

(2 of 2)

¶16

[CFA-104/2019]

¶17

and handover the 50% of the amount as originally fixed by the learned court below within twenty days from today. The account number of the plaintiff shall be made available to the counsel within two days from today. The appellant shall be free to move appropriate application for initiating contempt proceedings as well for getting the order of this Court executed, if the same is not complied with. The judgment and decree passed by the learned court below dated 07.01.2019 stands modified to the aforesaid extent.

¶18

The appeal is disposed of accordingly. The record, which has been called before this Court be sent back forthwith. All pending applications stand disposed.

¶19

(SANJEEV PRAKASH SHARMA),J

¶20

75-Zeeshan/-

Vinod Kumar v. Mahendra Raj

Case brief

What is this about?

What did the court decide?

Vinod Kumar v. Mahendra Raj

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kaluram and Anr. Vs Sita Ram and Ors.

Secretary Raj.State Agr.Mrkt.Board and Ors. Vs M/S Deoshi Bros.

Mahaveer Prasad Vs Smt.Kamlesh Devi

Devi and Ors. Vs Jamna and Ors.

Madangopal and Ors. Vs Sagar @ Bharatkumar and Ors.

Magma Hdi General Insurance Co. Ltd. Vs Smt. Anand Kunwar and Ors.