High Court disposed of a tenant's eviction appeal on consent. Court allowed continued possession until December 2024, mesne profit payment, and filing of an undertaking subject to breach penalties.
Appellants allowed to retain possession until 31.12.2024 pending filing of undertaking; ordered to pay mesne profits.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No.750/2004
----Defendants-Appellants
Versus
----Plaintiff-Respondents
| For Appellant(s) | : Mr. |
Shailesh Prakash Sharma |
|---|---|---|
| For Respondent(s) | : Mr. |
Kailash Sharma |
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
09/11/2022
(2 of 3)
[CFA-750/2004]
“(i) The appellants-tenants is allowed to continue in possession of rented shop upto 31.12.2024, subject to condition that they shall vacate and hand over possession of rented shop to landlords on or before 31.12.2024.
(ii) The appellants-tenants would pay arrears of mesne profits, if any, as determined by this Court @Rs.3200/till November, 2022 within a period of four weeks and from December, 2022 to 31.12.2024 shall pay mesne profits at the rate of Rs.3,500/-per month regularly, in the bank account furnished by respondents-landlords, until vacation and handing over possession of rented shop to respondents-landlords.
(iii) The appellants-tenants shall not alienate or otherwise create third party right or hand over possession of rented shop in question to any other person.
(iv) That appellants-tenants shall file an undertaking incorporating aforesaid conditions, before the trial court within a period of four weeks, from the date of this order with an advance copy to landlord.”
(3 of 3)
[CFA-750/2004]
(SUDESH BANSAL),J
SAURABH/106
Ram Kishore
Rajendra Prasad
Kusum Lata Jain
Hemant Jain
Bhagesh Jain
Aarti Jain
Sudes Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
