Partly allowed

Hariram S/O Late Shri Suganchand Saini v. Bajrang Sharan S/O Late Shri Deendayal Sharan Chaudhary

Rajasthan HC13 Jul 2022CSA/136/2022

Case brief

AI extract

What is this about?

High Court disposed of a second appeal by consent. The eviction decree against the appellant-tenant was upheld, and he was granted possession until 31.07.2024, subject to payment of mesne profits and filing an undertaking.

What did the court decide?

Eviction decree upheld along with order allowing possession until 31.07.2024; mesne profits ordered; tenant required to file undertaking.

Hariram S/O Late Shri Suganchand Saini Vs Bajrang… — Landlord and Tenant | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 136/2022

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Hariram S/o Late Shri Suganchand Saini, Aged About 65 Years, R/o Shyam Nagar Kotputli, District Jaipur.

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----Defendant/Appellant

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Versus

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Bajrang Sharan S/o Late Shri Deendayal Sharan Chaudhary, Aged About 71 Years, R/o Mohalla Buchaheda, Ward No. 8, Town Kotputli, District Jaipur.

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----Plaintiff/Respondent

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For Appellant(s) : Mr. N.K. Maloo, Sr. Advocate assisted by Mr. Vishnu Bohra & Mr. Pratyush Sharma For Respondent(s) : Mr. G P Sharma Mr. M C Gupta

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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13/07/2022

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This second appeal has been filed by appellant-defendant (hereafter ‘defendant’) assailing the judgment and decree dated 06.05.2022 passed by the Court of Additional District Judge No.1, Kotputli in Civil First Appeal No.8/2020 affirming the judgment and decree dated 06.02.2020 passed by Civil Judge, Kotputli in civil suit No.133/2012 whereby the decree for eviction has been passed against appellant-defendant.

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Learned Senior Counsel appearing on behalf of appellantdefendant argued the appeal on merits at length, however, having faced with concurrent findings of fact, has made an alternative prayer that in order to shift the business, if some reasonable time is granted to vacate and hand over the possession of rented shop to landlord, appellant would not press the second appeal on merits.

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Learned counsel for respondent-landlord, on instructions of his client has no objection to the prayer of defendant, if

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(2 of 2)

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[CSA-136/2022]

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judgments dated 06.05.2022 and 06.02.2020 and decree for

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eviction are upheld and some reasonable time may be granted to appellant-tenant to vacate the 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 31.07.2024, subject to condition that he shall vacate and hand over possession of rented shop to landlord on or before 31.07.2024.

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(ii) The appellant-tenant would pay arrears of rent/mesne profits as decreed by courts below, if any, till June 2022 within a period of four weeks and from July 2022 to 31.07.2024 shall pay mesne profits at the rate of Rs.2000/-per month regularly, in the bank account furnished by respondent-landlord, 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, 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.

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Stay application and any other pending application(s), if any, stand(s) disposed of.

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(SUDESH BANSAL),J

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SAURABH/20

Hariram S/O Late Shri Suganchand Saini v. Bajrang Sharan S/O Late Shri Deendayal Sharan Chaudhary

Case brief

What is this about?

What did the court decide?

Hariram S/O Late Shri Suganchand Saini v. Bajrang Sharan S/O Late Shri Deendayal Sharan Chaudhary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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