Allowed

Jogendra v. M/S Dhariwal Motor Agency

Rajasthan HC26 Mar 2021CSA/136/2009

Case brief

AI extract

What is this about?

The Single Bench allowed an application under Order XXIII Rule 1 CPC signed by parties, accepting their compromise terms. The 2009 appeal was allowed, setting aside the lower court's decree. The respondent agreed to vacate the premises by 31.12.2022 and pay mesne profits of Rs. 3,000 per month until possession is handed over.

What did the court decide?

The appeal was allowed; the 2009 decree set aside. Respondent to vacate by 31.12.2022 and pay Rs. 3,000 mesne profit per month until vacancy.

Jogendra Vs M/S Dhariwal Motor Agency — Landlord and Tenant | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Second Appeal No. 136/2009

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Jogendra son of Murlidhar, aged about 41 years, resident of 11^th Chopasni Road, Bachchharaj Ji Ka Bag, Jodhpur.

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----Appellant

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Versus

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M/s Dhariwal Motor Agency through Proprietor Bhoorji son of Ram Lal, resident of 11^th Chopasni Road, Bachchharaj Ji Ka Bag, Jodhpur.

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----Respondent

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For Appellant(s) : Mr. Narendra Thanvi. For Respondent(s) : Mr. Tarun Dudia for Mr. Ramit Mehta.

¶9

HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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26/03/2021

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An application has been filed under Order XXIII, Rule 1 CPC, which essentially is under Order XXIII, Rule 3 CPC signed by both the parties and their counsel, inter alia, with the submissions that the grounds indicated in provisions of Section 13(1)(a) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 exists and that partial eviction was not possible, the respondent wants to close down his business, which is likely to take some time and, therefore, he would vacate the premises by 31.12.2022 and till the time the possession is handed over, he would continue to make payment of mesne profit @ Rs. 3,000/- per month and that the other pending proceedings by the appellant, shall be withdrawn and that the present appeal be allowed in terms of the compromise arrived at between the parties.

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(2 of 2) [CSA-136/2009]

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In view of the submissions made in the application and reiterated by counsel for the parties, the application is allowed. The present appeal is also allowed. The judgment and appellate decree dated 10.02.2009 passed by the Additional District Judge (Fast Track) No. 4, Jodhpur is set aside. However, the respondent shall hand over the vacant possession of the suit property on or before 31.12.2022 and till such time that the vacant possession is handed over to the appellant, the respondent would pay mesne profit @ Rs. 3,000/- per month to the appellant.

¶15

(ARUN BHANSALI),J

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54-PKS/-

Jogendra v. M/S Dhariwal Motor Agency

Case brief

What is this about?

What did the court decide?

Jogendra v. M/S Dhariwal Motor Agency

Case brief

What is this about?

What did the court decide?

What the court decided

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