Dismissed

Ramdev v. Gauridevi Trust

Rajasthan HC4 Aug 2021CSA/58/2019

Case brief

AI extract

What is this about?

In an appeal regarding eviction, the High Court granted the appellants time to vacate the premises by 30.06.2022 subject to conditions including depositing rent, submitting an affidavit not to damage or sublet the property, and allowing mesne profit in lieu of arrears.

What did the court decide?

Appellants granted time to vacate premises by 30.06.2022 subject to depositing rent, submitting affidavit, and paying Rs.900 per month mesne profit.

Ramdev Vs Gauridevi Trust — Execution and Attachment | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Second Appeal No. 58/2019

¶3

Ramdev S/o Shri Bhoja Ram Ji, Aged About 72 Years, B/c Mali, R/o Degana, Tehsil Degana, District Nagaur.

¶4

----Appellant

¶5

Versus

¶6

Gauridevi Trust, 21 Strand Calcutta Through Kaushlendra Kumar S/o Shri Manak Chand Nagauri, R/o Deedwana, Tehsil Deedwana, District Nagaur.

¶7

----Respondent

¶8

For Appellant(s) : Mr. Vishal Sharma. For Respondent(s) : Mr. Vinay Jain.

¶9

HON'BLE MR. JUSTICE ARUN BHANSALI

¶10

Judgment

¶11

04/08/2021

¶12

After attempting to make submissions for sometime on the appeal, learned counsel for the appellants submits that the appellants may be granted extra time for vacating the subject premises.

¶13

Heard learned counsel for the parties regarding grant of extra time to vacate the subject premises.

¶14

Learned counsel for the appellants submitted that the premises are residential-cum-commercial premises and the appellants are running shops since long and may be granted time till December, 2022 for vacating the premises.

¶15

Learned counsel for the respondent opposed the prayer for grant of time. It was submitted that the proceedings were filed in the year 2005 and a meagre rent of about Rs.750/- only was being paid and that also is in arrears. It was submitted that in

¶16

(2 of 3)

¶17

[CSA-58/2019]

¶18

case time is granted, then reasonable amount of mesne profit be directed to be paid.

¶19

Having regard to the facts and circumstance of the case, it appears appropriate to allow time to the appellants to vacate the premises by 30^th June, 2022 and allow mesne profit to the respondent until the appellants vacate the premises @ Rs.900/per month from 01.08.2021 till 30.06.2022.

¶20

In view of the above, the learned counsel for the appellants seeks withdrawal of the second appeal and the same is, therefore, dismissed as withdrawn. The stay application is also dismissed. However, the appellants are granted time to vacate the subject premises by 30.06.2022 on the following conditions:-

¶21

(i) the appellant shall submit an undertaking supported by affidavit before the trial court within 3 weeks from today to the effect that on or before 30^th June, 2022, they shall handover the peaceful and vacant possession of the suit premises to the respondent - Trust. They shall also undertake not to cause any damage to the suit premises nor to make any alternation and not to assign/sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance.

¶22

(ii) the appellants shall deposit the arrears of the rent/mesne profit, if any, of the decreetal amount within a period of three months and shall further pay the amount for use and occupation of the suit premises @ Rs.900/- per month w.e.f. 01^st August, 2021, to the respondent - Trust or deposit the same in the saving bank account of the respondent month by month on or before 15^th day of the next month. The respondent or learned counsel for the respondent will give the details

¶23

(3 of 3) [CSA-58/2019]

¶24

of the bank account, in which, the arrears of rent or mesne profit/month to month mesne profit will be deposited, to the appellants or counsel for the appellants within a period of two weeks from today. (iii) it is made clear that in case the appellants do not comply with any of the aforesaid conditions or violate any terms of the undertaking, then it will be open for the respondent - Trust to get the decree executed forthwith in accordance with law.

¶25

No order as to costs.

¶26

(ARUN BHANSALI),J

¶27

111-Rmathur/-

Ramdev v. Gauridevi Trust

Case brief

What is this about?

What did the court decide?

Ramdev v. Gauridevi Trust

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

Gulkandi @ Shanti Devi Vs Banshi Lal

Municipal Board, Chittorgarh Th. Comm. Vs Rajmohan

Smt. Bheekhi Devi Vs Manak Lal and Ors.

The New India Assurance Company Limited Vs Mohan and Ors.

Bhuvneshwar Singh Vs Sagar Bhati and Ors.

Uttam Singh Vs State of Rajasthan