Disposed

Shankarlal Ramnani S/O Shri Jethanand Ramnani v. Smt. Krishna Devi Shukla W/O Santosh Kumar Shukla

Rajasthan HC25 Nov 2021WMAP/81/2021

Case brief

AI extract

What is this about?

The court disposed of an application by the tenant seeking clarification on an agreed interim order regarding the deposit of mesne profits and the timeline for vacating the premises, reiterating the terms already clarified by the court.

What did the court decide?

Application disposed of by reiterating the court's earlier interpretation regarding the deposit of mesne profits within ten days of each month's expiry.

Shankarlal Ramnani S/O Shri Jethanand Ramnani Vs Smt… — Landlord and Tenant | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Writ Miscellaneous Application No. 81/2021

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Shankarlal Ramnani S/o Shri Jethanand Ramnani, Aged About 57 Years, Resident Of Plot No. 4-Jha-28, Housing Board, Shastri Nagar, Jaipur.

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----Petitioner

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Versus

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Smt. Krishna Devi Shukla W/o Santosh Kumar Shukla, Aged About 61 Years, R/o House No. 3733, Nahargarh Road, Nahargarh Thane Ke Paas, Purani Basti, Jaipur.

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----Respondent

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For Petitioner(s) : Mr. Usman Khan, Adv. For Respondent(s) : Dr. Abhinav Sharma, Adv., through V.C.

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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25/11/2021

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This Writ Misc. Application has been filed on behalf of the tenant for seeking clarification of order dated 03.12.2020 passed by this Court to the extent of adjustment of Rs. 71,784/- said to be deposited as security amount against advance rent due to the owner.

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Learned counsel Mr. Usman khan appearing for the applicant submits that this Court while passing the order dated 03.12.2020 has in fact not given the date by which the applicant-tenant was to deposit the mesne profit @ Rs. 10,000/- per month and as such no specific date is given to deposit the amount.

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Learned counsel for the applicant submitted that the applicant is desirous of complying with the conditions imposed and

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(2 of 2)

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[WMAP-81/2021]

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agreed before this Court, however the clarification may be made to the aforesaid adjustment and the time line may be given by which he has to deposit mesne profit every month.

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Learned counsel Dr. Abhinav Sharma appearing for the owner submits that this Court has already passed an agreed order dated 03.12.2020 and there is no issue of adjustment of any security amount towards rent and as such, the application may be dismissed by this Court.

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I have heard learned counsel for the parties.

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This Court on 03.12.2020 after considering the agreement arrived at between the parties through their counsel, disposed of the writ petition by making it clear that the premises in question i.e. shop was to be handed over on or before 31.05.2022 to the owner and no third party right was to be created.

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This Court further recorded that the tenant had undertaken to pay mesne profits @ Rs.10,000/- per month to the respondentlandlord and the said payment to be paid in every month by the tenant by paying the amount to the landlord.

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This Court finds that on expiry of a particular month, the tenant is required to deposit the amount within 10 days and further the undertaking given to vacate the shop by 31.05.2022, will also be complied with.

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Accordingly, this application is disposed of in view of the above terms, which has been clarified by this Court.

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(ASHOK KUMAR GAUR),J

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TN/44

Shankarlal Ramnani S/O Shri Jethanand Ramnani v. Smt. Krishna Devi Shukla W/O Santosh Kumar Shukla

Case brief

What is this about?

What did the court decide?

Shankarlal Ramnani S/O Shri Jethanand Ramnani v. Smt. Krishna Devi Shukla W/O Santosh Kumar Shukla

Case brief

What is this about?

What did the court decide?

What the court decided

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