Disposed

Nirmal Singh v. Choudhary Ishardas Dhamshala Trust

Rajasthan HC19 Oct 2023CSA/122/2023

Case brief

AI extract

What is this about?

The High Court disposed of a second appeal in an eviction suit. The Court fixed November 30, 2023, as the deadline for the tenant to vacate, upon which the landlord would waive rent arrears. Non-compliance invites full claims and contempt proceedings.

What did the court decide?

The appellant-tenant ordered to hand over vacant possession of the suit property to the respondent-landlord on or before 30.11.2023, failing which the landlord may claim full arrears and invoke contem

Nirmal Singh Vs Choudhary Ishardas Dhamshala Trust — Landlord and Tenant | Rajasthan HC (2023)

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[2023:RJ-JD:36006]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Second Appeal No. 122/2023

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Nirmal Singh S/o Shri Jeet Singh, Aged About 52 Years, By Caste Jat Sikh, Proprietor Of Aman Photo Studio, Shop No. 18, Choudhary Ishradas Dharmshala Trust Building Raisinghnagar, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.)

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----Appellant

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Versus

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Choudhary Ishardas Dhamshala Trust, Raisinghnagar, Through Its President Tarsem Lal S/o Kundan Lal By Caste Agrawal, Resident Of Raisinghnagar, District Sri Ganganagar. (Raj.)

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----Respondent

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For Appellant(s) : Mr. Sushil Bishnoi For Respondent(s) : Mr. Sudhir Sharma

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HON'BLE MS. JUSTICE REKHA BORANA Judgment

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19/10/2023

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The appellant-tenant has preferred the present second appeal being aggrieved of the judgment and decree dated 03.06.2023 passed by the learned Additional District Judge, Raisinghnagar, District Sri Ganganagar in Civil Appeal No.11/2017 (CIS No.15/2017) whereby the judgment and decree dated 20.05.2017 passed by the Senior Civil Judge, Raisinghnagar, District Sri Ganganagar in Civil Original Suit No.12/2011 (CIS No.193/2014) decreeing the suit preferred by the respondentplaintiff seeking eviction of the appellant-defendant from the suit property has been affirmed.

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In the present matter, vide order dated 16.08.2023, the notices were directed to be issued to the respondent only to the extent of period/time to be granted to the appellant to vacate the premise in question.

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Today, learned counsel for the appellant, on instructions, submitted that the appellant is ready to vacate the premise on or before 30.11.2023.

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[CSA-122/2023]

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[2023:RJ-JD:36006]

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Learned counsel for the respondent, on instructions, submitted that if the vacant possession of the premises in question is handed over on or before 30.11.2023, the plaintiff landlord is ready to waive the arrears of rent/mesne profits.

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In view of the submissions made by both the counsels, the present second appeal of the appellant-defendant-tenant stands disposed of on the following terms :

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i. The appellant-defendant-tenant shall handover the peaceful and vacant possession of the premise in question to the respondent-plaintiff-landlord on or before 30.11.2023;

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ii. The appellant-defendant-tenant shall not sublet, assign or part with the possession of the said premise or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period and if it is so done, the same would be treated as void.

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iii. The respondent-plaintiff-landlord shall not claim any amount qua arrears of rent/mesne profits or mesne profits for the period uptill 30.11.2023.

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It is made clear that if the peaceful and vacant possession of the suit premises is not handed over to the respondent-plaintiff on or before 30.11.2023, the respondent-plaintiff-landlord shall be entitled to claim the complete arrears of rent/mesne profits and further to invoke the contempt jurisdiction of this Court.

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The stay application and all pending applications, if any, also stand disposed of.

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(REKHA BORANA),J

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85-vij/-

Nirmal Singh v. Choudhary Ishardas Dhamshala Trust

Case brief

What is this about?

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Nirmal Singh v. Choudhary Ishardas Dhamshala Trust

Case brief

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