A second appeal in an eviction case disposed of by consent. The appeal was mooted when parties agreed to allow the tenant continued possession of the shop until June 30, 2024, subject to strict conditions and payment of mesne profits.
Stayed eviction of premises till 30.06.2024 subject to payment of mesne profits and undertaking not to alienate; second appeal disposed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Second Appeal No. 193/2018
Pawan Kumar S/o Late Radhey Shyam, R/o Ward No. 24, Chirawa, Tehsil Chirawa, Distt. Jhunjhunu.
----Appellant
Versus
Jafar Ali S/o Late Jamal R/o Ward No. 20, Chirawa, Tehsil Chirawa, Distt. Jhunjhunu Raj.
----Respondent
For Appellant(s) : Mr. M.M. Ranjan Sr. Advocate assisted by Mr. Rohan Agarwal For Respondent(s) : Ms. Sonia Shandilya Mr. Sandeep Pathak
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment
01/07/2022
(2 of 2)
[CSA-193/2018]
24.01.2018 and 18.03.2017 and decree for eviction are upheld and some reasonable time is granted to appellant-tenant to vacate the rented shop.
i) The appellant-tenant is allowed to continue in possession of rented shop upto 30.06.2024, subject to condition that he shall vacate and hand over possession of rented shop to landlord on or before 30.06.2024. ii) The appellant-tenant would pay the arrears of rent as decreed by courts below, if any, till June 2022 and from July 2022 to 30.06.2024 shall pay the mesne profits at the rate of Rs.1100/-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.
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.
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.
(SUDESH BANSAL),J
TN/84
Pawan Kumar S/o Late Radhey Shyam
Jafar Ali S/o Late Jamal
Sudesh Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
