Disposed

Poonam Chand v. Subhash Khatri

Rajasthan HC21 Sept 2023CSA/127/2023

Case brief

AI extract

What is this about?

The High Court granted the appellant-tenant two years to vacate the suit shop and hand over possession to the respondent-landlord, without deciding the appeal on merits, subject to payment of mesne profits and compliance with undertaking conditions.

What did the court decide?

Granted two years to vacate premises; directed payment of mesne profits, rent arrears, and bills; made execution of eviction decree executable upon default.

Poonam Chand Vs Subhash Khatri — Landlord and Tenant | Rajasthan HC (2023)

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[2023:RJ-JD:31242]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Second Appeal No. 127/2023

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Poonam Chand S/o Shri Luna Ram, Aged About 43 Years, R/o Tehsil Osiyan, District Jodhpur, At Present Rent Ward No. 14, Tehsil Nokha, District Bikaner (Raj.).

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----Appellant

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Versus

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Subhash Khatri S/o Shri Bhawani Shankar Khatri, R/o Ward No. 14, Tehsil Nokha, District Bikaner, (Raj.).

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	----Respondent
For Appellant(s)	: Mr. J.K. Bhaiya
For Respondent(s)	: Mr. Sandeep Shah, Sr. Advocate with Mr. Rajat Arora

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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21/09/2023

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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, Nokha, District Bikaner in Civil Appeal Decree No.77/2022 whereby the judgment and decree dated 10.11.2022 passed by the Civil Judge, Nokha, District Bikaner in Civil Suit No.17/2012 (CIS No.8/2021) dismissing the suit preferred by the respondentplaintiff seeking eviction of the appellant-defendant from the suit property has been reversed.

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Learned counsel appearing for the appellant-defendanttenant submitted that the defendant is running the shop in the premise in question since last 15 years and therefore, need some reasonable time to vacate the shop in question. Learned counsel submitted that he has instructions not to press this appeal on merits but reasonable time may be granted

[2023:RJ-JD:31242]

[CSA-127/2023]

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to the appellant-tenant to vacate the suit shop and to handover the vacant possession of the same to the respondent-landlord.

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Learned Senior counsel Mr. Sandeep Shah for the respondent-landlord, on instructions, does not oppose the submissions as made by learned counsel appearing for the appellant-defendant.

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Having heard learned counsel for the appellant-defendanttenant and having perused the judgment and decree of the Courts below, the prayer made by learned counsel for the appellantdefendant-tenant seems to be reasonable and deserves to be granted subject to the appeal not being pressed on merits.

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Accordingly, it is directed as under:

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i. The appellant-defendant-tenant shall handover the peaceful and vacant possession of the suit shop to the respondentplaintiff-landlord within a period of two years from today i.e. on or before 30.09.2025;

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ii. The appellant-defendant-tenant shall, w.e.f. 01.10.2023 , continue to pay mesne profit at the rate of Rs.6000/- per month by 15^th day of the next succeeding month or in advance to the respondent-plaintiff-landlord and in case there is any default in payment of mesne profit, the period of two years for eviction shall stand reduced and the decree of eviction would become executable forthwith;

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iii. The appellant-defendant-tenant shall clear all the arrears of rent and mesne profit, if any, @Rs.3,420/- per month till February 2015 and @Rs.4,500/- per month from March 2015 to September 2023 and pay the same to the respondentplaintiff-landlord within three months from today, if not paid

[2023:RJ-JD:31242]

[CSA-127/2023]

(3 of 3)

till date, otherwise the same shall bear interest @9% per annum. The amount already paid shall be adjusted from the said amount.

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iv. The appellant-defendant-tenant shall clear all the due and payable electricity, water usage charges/bills;

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v. The appellant-defendant-tenant shall not sublet, assign or part with the possession of the suit shop 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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vi. The appellant-defendant-tenant shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court within two months and one copy thereof along with affidavit, in this Court.

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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 within a period of two years from today, i.e. upto 30.09.2025, or mesne profits/electricity and water usage bills are not paid as directed above, besides the expeditious execution of the decree in normal course, the respondent-plaintiff-landlord shall also be entitled to invoke the contempt jurisdiction of this Court.

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With the aforesaid directions, the present second appeal of the appellant-defendant-tenant stands disposed of .

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The stay application and all pending applications stand disposed of.

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(REKHA BORANA),J

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15-T.Singh/-

Poonam Chand v. Subhash Khatri

Case brief

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Poonam Chand v. Subhash Khatri

Case brief

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