Disposed

Lrs of Nand Kishore v. K.P. Garg

Rajasthan HC16 Sept 2019CSA/173/2019

Case brief

AI extract

What is this about?

The High Court allowed an application to condone delay in filing court fees under Section 149 of the CPC. Subsequently, the second appeal was disposed of, directing tenant appellants to vacate premises by 30.09.2020, pay enhanced rent, and furnish an undertaking allowing summary eviction if breached.

What did the court decide?

Tenants directed to vacate premises by 30.09.2020, pay enhanced rent of Rs. 1,500/- monthly, and furnish an undertaking for summary eviction in case of default.

Lrs of Nand Kishore Vs K.P. Garg — Landlord and Tenant | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Second Appeal No. 173/2019

¶3

Lrs Of Nand Kishore, S/o Late Sh. Kalu Ram

¶4

Smt. Shanti Devi W/o Late Shri Nand Kishore, Aged About 65 Years, R/o Kabootaron Ka Chowk, Bhazan Chowki, Jodhpur.

¶5

Mukesh S/o Late Sh. Nand Kishore, Aged About 45 Years, R/o Kabootaron Ka Chowk, Bhazan Chowki, Jodhpur.

¶6

Umesh S/o Late Sh. Nand Kishore, Aged About 42 Years, R/o Kabootaron Ka Chowk, Bhazan Chowki, Jodhpur.

¶7

Dharmesh S/o Late Sh. Nand Kishore, Aged About 40 Years, R/o Kabootaron Ka Chowk, Bhazan Chowki, Jodhpur.

¶8

----Appellants

¶9

Versus

¶10

K.p. Garg S/o Sh. Mohan Lal, B/c Agarwal Garg, Being Karta Mohan Lal Krishan Prakash Agarwal, R/o Pungalpada, Jodhpur.

¶11

Rajababu, B/c Mahewhari Rathi, R/o Kabootaron Ka Chowk, Bhazan Chowki, Jodhpur.

¶12

----Respondents

¶13

For Appellant(s) : Mr. Shridhar Mehta For Respondent(s) : Mr. Yogesh Parmar Mr. N.S. Rajpurohit

¶14

HON'BLE MR. JUSTICE SANDEEP MEHTA

¶15

Order

¶16

16/09/2019

¶17

The instant appeal is listed today for orders on an application filed by the appellants exclusively under Section 149 of the CPC for condoning the delay in filing the court fees.

¶18

For the reasons mentioned in the application, the same is allowed.

¶19

Both the learned counsel representing the appellant-tenant (defendant No.1 before the trial court) and the respondent No.1

¶20

(2 of 2)

¶21

[CSA-173/2019]

¶22

landlord (plaintiff before the trial court) urged that the appeal may be disposed of in the following terms:-

¶23

“1. That the appellants shall vacate the suit premises by 30.09.2020.

¶24

That for the period beginning from the date of this order till the date of eviction of the suit premises, the appellants shall pay the enhanced rent at the rate of Rs.1,500/- per month to the respondent-landlord.

¶25

That the appellants shall furnish an undertaking in these terms to the trial Court”

¶26

In case the plaintiffs fail to comply with the above undertaking given before this Court, then the respondentlandlord shall be entitled to seek their summary eviction from the suit premises and so also to initiate contempt proceedings in this Court.

¶27

In view of these submissions, the instant second appeal is disposed of in the above terms.

¶28

(SANDEEP MEHTA),J

¶29

4-AnilKC/-

Lrs of Nand Kishore v. K.P. Garg

Case brief

What is this about?

What did the court decide?

Lrs of Nand Kishore v. K.P. Garg

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

Vijay Singh and Ors. Vs Farukh and Ors.

Smt.Dhani and Ors. Vs Gumnaram and Ors.

Smt.Santosh Kumari and Ors. Vs Sushil Kumar and Ors.

O.I.C.Ltd. Vs Shiv Raj and Ors.

Mc,Shri Hanwant Sr.Sec.School Vs Raj.Non-Government Edu,Inst.Tri. and Ors.

Prakash Choudhary Vs State and Ors.