Disposed

Smt Ram Kanya Devi v. Ikramuddin and Another

Rajasthan HC2 Aug 2022CSA/117/2015

Case brief

AI extract

What is this about?

The High Court disposed of the second appeal by granting the appellant-tenant two years to vacate the premises after pending mesne profits were paid, conditioned on a fresh undertaking and increased future mesne profits, with immediate execution upon breach.

What did the court decide?

Appellant granted two years to vacate premises upon payment of mesne profits @12,000/month and furnishing an undertaking.

Smt Ram Kanya Devi Vs Ikramuddin and Another — Execution and Attachment | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 117/2015

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Smt. Ramkanya Devi, Shopkeeper, Chaukari Ghat Darwaja, Haldiyon Ka Rasta, Uncha Kuan, Near Rasta Thakur Pachewar, Jaipur Raj.

¶4

----Appellant-Defendant

¶5

Versus

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Ikramuddin S/o Late Shri Nijamuddin, resident of Plot No.239, Govind Nagar East, Chaukari Hawali Shahar, Amer Road, Jaipur (Residence)

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AND

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Ikramuddin @ Ikram S/o Nijamuddin, Masjid Dariwalan, Opposite Tandon Timbers, Masjid Ke Nukkad Ki Dukan, Panchwa Chauraha, Ghee Walon Ka Rasta, Chaukari Ghatgate, Jaipur-3 (Business Place)

¶9

----Respondent-Plaintiff

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For Appellant(s) : Mr. Anil Mehta, Sr. Adv. with Mr. Siddharth Bapna For Respondent(s) : Ms. Sonia Gill & Mr. Sunil Kumar Gill

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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02/08/2022

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This second appeal has been filed by the appellant-defendant (hereafter ‘defendant’) assailing the judgment dated 20.01.2015 passed in Civil Regular Appeal No.6/2006 by Additional District Judge No.5, Jaipur Metropolitan, Jaipur affirming the judgment and decree dated 17.12.2005 passed in civil suit No.21/1997 by Civil Judge (Jr. Division) East, Jaipur City, Jaipur whereby the decree for eviction has been passed against the appellant-defendant.

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(2 of 3)

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[CSA-117/2015]

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The second appeal has been admitted for hearing and pending for hearing.

¶18

During course of second appeal, the counsel for respondent submits that appellant-defendant has not paid mesne profit @8,000/determined by this Court vide order dated 19.12.2016, therefore the matter has come up on the application for vacation of stay order. Indisputedly, the appellant has committed default in payment of mesne profits.

¶19

On the request of learned counsel for both parties, this second appeal has been heard on merits.

¶20

Learned counsel for the appellant-tenant, on the instructions of appellant who is present in court, submits that appellant is running Typing Institution in the rented premises and if some reasonable time is granted to vacate and hand over the possession of rented premise to landlord, defendant-tenant would not press this second appeal on merits.

¶21

Learned counsel for respondent-landlord does not oppose to grant of some reasonable time to vacate the rented premise, if appellant does not press the appeal on merits and eviction decree is maintained. However, he submits that when appellant has not paid due mesne profits, at least the amount of mesne profits be increased.

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In view of above, on the instruction of respective parties and with consent of leaned counsel for both parties, the second appeal is disposed of in following terms:-

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i) The appellant-tenant is granted two years’ time to vacate and hand over the rented premise upto 31.07.2024 subject to payment of mesne profits @12,000/- per month regularly w.e.f. August, 2022 on wards in the bank account furnished by respondentlandlord, until vacating and handing over the premises to the respondent-landlord.

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(3 of 3)

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[CSA-117/2015]

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ii) The appellant-tenant shall not alienate or otherwise create third party right or hand over possession of rented premises in question to any other person.

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iii) That appellant-tenant shall furnish 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 landlords.

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It is admitted between the parties that the mesne profits upto July, 2022 is treated as paid.

¶29

In case the appellant-tenant fails to submit the undertaking, as aforesaid, and/or commits breach of conditions of this order, landlord shall be entitled to initiate immediate execution of judgment and decree to obtain possession of premises in issue forthwith, in accordance with law, and may also initiate proceedings of contempt for breach of undertaking.

¶30

Application for vacation of stay order and any other pending application(s), if any, stand(s) disposed of.

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(SUDESH BANSAL),J

¶32

TN/95

Smt Ram Kanya Devi v. Ikramuddin and Another

Case brief

What is this about?

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Smt Ram Kanya Devi v. Ikramuddin and Another

Case brief

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What did the court decide?

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