Disposed

Lrs of Vimal Chand v. Shri Vardhman Sthanak Vasi Jain Savak Sangh

Rajasthan HC18 May 2023CSA/13/2023

Case brief

AI extract

What is this about?

The High Court disposed of the tenant's second appeal without examining merits. It granted one and a half year for vacating possession and directed payment of mesne profits and arrears, with strict conditions and contempt consequences for default.

What did the court decide?

Tenants granted one and a half year to vacate possession; directed to pay mesne profits at Rs.201/month and clear arrears within three months; appeal disposed of without merits.

Lrs of Vimal Chand Vs Shri Vardhman Sthanak Vasi Jain… — Specific Performance | Rajasthan HC (2023)

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[2023/RJJD/016168]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Second Appeal No. 13/2023

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LRs of Vimal Chand, S/o Hamirmal Jain Through Its Lrs2. Sushila W/o Late Vimal Chand Jain, Aged About 65 Years, R/o Nimbahera, District Chittorgarh Rajasthan.

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Sunil Kumar S/o Late Vimal Chand Jain, Aged About 41 Years, R/o Nimbahera, District Chittorgarh Rajasthan.

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Anita S/o Late Vimal Chand Jain, Aged About 39 Years, R/ o Nimbahera, District Chittorgarh, Presently Residing At Vijaynagar, District Ajmer, Rajasthan.

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----Appellants

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Versus

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Shri Vardhman Sthanak Vasi Jain Savak Sangh, Nimbahera Through Its Chairman Shri Shantilal Maru S/o Bhanwar Lal Jain, R/o Adarsh Colony, Nimbahera, District Chittorgarh.

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----Respondent

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For Appellant(s)	: Mr. SandeepSaruparia
For Respondent(s)	: Mr. Pushkar Tamini for
	Mr. SanjayNahar

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HON'BLE MS. JUSTICE REKHA BORANA

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Judgment

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18/05/2023

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The appellant-tenant has preferred the present second appeal being aggrieved of the judgment and decree dated 21.09.2022 passed by the learned Additional District Judge No.2, Nimbahera in Civil Appeal No.03/2020 (CIS no.31/2016) whereby the judgment and decree dated 23.09.2016 passed by the Civil Judge, Nimbahera in Civil Suit No.147/2005 (CIS NO.45/2000) decreeing the suit preferred by the respondent-plaintiff seeking eviction of the appellant-defendant from the suit property on the ground of bonafide necessity has been affirmed.

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[CSA-13/2023]

(2 of 3)

Learned counsel appearing for the appellant-defendanttenant submitted that the original defendant Vimalchand, and after him, his legal representatives was/are running the shop in the premise in question since last 39 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 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 counsel Mr. Pushkar Tamini appearing on behalf of Mr. Sanjay Nahar, 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 that the appellant-defendanttenant shall handover the peaceful and vacant possession of the suit shop to the respondent-plaintiff-landlord within a period of one and a half year from today i.e. on or before 30.11.2024 and shall, w.e.f. 01.06.2023 , continue to pay mesne profit at the rate of Rs.201/- 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 one and half year for eviction shall stand reduced and the decree of eviction would become executable forthwith. The appellant-

[2023/RJJD/016168]

[CSA-13/2023]

(3 of 3)

defendant-tenant shall also clear all the arrears of rent and mesne profit, if any, and pay the same to the respondent-plaintifflandlord within three months from today, if not paid till date, otherwise the same shall bear interest @9% per annum. 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. 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. 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 one and a half year from today, i.e. upto 30.11.2024, or mesne profits 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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13-Vij/-

Lrs of Vimal Chand v. Shri Vardhman Sthanak Vasi Jain Savak Sangh

Case brief

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Lrs of Vimal Chand v. Shri Vardhman Sthanak Vasi Jain Savak Sangh

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