Disposed

Phool Singh v. Prakash Chand and Others

Rajasthan HC14 Jul 2022CSA/120/2010

Case brief

AI extract

What is this about?

This order disposed of a second appeal in a landlord-tenant eviction suit by consent. The High Court permitted the appellant-tenant to continue possession until 31.12.2024, conditional upon payment of mesne profits, non-alienation, and furnishing an undertaking within four weeks.

What did the court decide?

Appellant permitted to remain in possession until 31.12.2024, subject to payment of mesne profits at Rs. 5000/month from August 2022, non-alienation, and furnishing of undertaking within 4 weeks.

Phool Singh Vs Prakash Chand and Others — Landlord and Tenant | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 120/2010

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Phool Singh S/o Shri Duli Chand Mahajan, Bhudara Bazar, Karauli, Distt. Karauli Raj.

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----Appellant-Defendant

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Versus

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Prakash Chand S/o Shri Nemi Chand Jain,

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Bhag Chand Jain S/o Shri Nemi Chand Jain,

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Krishan Chand Jain S/o Shri Nemi Chand Jain, All resident of Sita Badi, Karauli, Distt. Karauli Raj.

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……...Plaintiff-respondents

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Bachu Singh S/o Shri Dhuli Chand Mahajan, Bhudara Bazar, Karauli, Distt. Karauli Raj.

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---Formal Defendant-Respondents

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For Appellant(s) : Mr. S.C. Gupta For Respondent(s) : Mr. J.P. Goyal, Sr. Advocate with Ms. Jyoti Swami

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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14/07/2022

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This second appeal has been filed by appellant-tenant (hereafter ‘tenant’) assailing the judgment and decree dated 25.02.2010 passed by the Court of Additional District & Sessions Judge (Fast Track) No.1, Karauli in Civil First Appeal No.94/2007 (43/2006) whereby dismissed the appeal and affirmed the judgment and decree dated 19.09.2006 passed by Additional Civil Judge (Jr. Division), Karauli in civil suit No.11/2001 whereby the decree for eviction was passed on the ground of bona fide and personal necessity.

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(2 of 3)

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[CSA-120/2010]

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Learned counsel for the appellant-tenant, after arguing the second appeal on merits at length, submits that in case this Court is not inclined to interfere with the concurrent findings of fact on the ground of bona fide and personal necessity, he may be allowed to seek instructions from the appellant, who is present in the Court. The appellant is present in the Court and instructed his counsel that the rented property is in tenancy of the appellanttenant since time of his father near about more than 70 years, if some reasonable time is granted to vacate and hand over the possession of rented shop to respondent-landlords, the appellanttenant would not press the second appeal.

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Learned counsel for respondent-landlords, on instructions of respondent-landlords and in their interest immediately grabbed the proposal made by and on behalf of appellant-tenant, and submits that in case the second appeal is dismissed as withdrawn sustaining the impugned judgments and decree for eviction, some reasonable time may be granted to appellant-tenant to vacate and handed over the possession of rented shop, subject to payment of due mesne profits and enhanced mesne profits for future.

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

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“(i) The appellant-tenant is allowed to continue in possession of rented shop upto 31.12.2024, subject to condition that he shall vacate and hand over possession of rented shop to landlords on or before 31.12.2024.

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(ii) The appellant-tenant would pay arrears of mesne profits as agreed earlier in order dated 24.02.2011, if any, till July 2022 within a period of four weeks and from

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(3 of 3)

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[CSA-120/2010]

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August 2022 to 31.12.2024 shall pay mesne profits at the rate of Rs.5000/-per month regularly, in the bank account furnished by respondent-landlords, until the vacation and handing over possession of rented shop to the respondent-landlord.

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(iii) 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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(iv) 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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In case the tenant fails to submit the undertaking, as

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aforesaid, and/or commits breach of conditions of this order, landlords 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.

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Stay application and any other pending application(s), if

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any, stand(s) disposed of.

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TN/100

Phool Singh v. Prakash Chand and Others

Case brief

What is this about?

What did the court decide?

Phool Singh v. Prakash Chand and Others

Case brief

What is this about?

What did the court decide?

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