Disposed

Paras Ram v. Kabutar Khana, Ladnu

Rajasthan HC13 Dec 2023CSA/15/2023

Case brief

AI extract

What is this about?

The High Court disposed of the second appeal in an eviction suit where the appellant was not pressing the matter on merits. The court granted time for vacation, directed the payment of mesne profits and arrears, and warned of contempt jurisdiction for non-compliance.

What did the court decide?

Appellant directed to handover possession by 30.06.2025, continue paying mesne profits, and clear arrears of rent.

Paras Ram Vs Kabutar Khana, Ladnu — Execution and Attachment | Rajasthan HC (2023)

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[2023:RJ-JD:43527]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Second Appeal No. 15/2023

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Paras Ram S/o Shri Ram Dayal, Aged About 81 Years, Resident Of Pragati Nagar, Near Petrol Pump, Sujjangarh, District Churu.

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----Appellant

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Versus

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Kabutar Khana, Ladnu, Through Its Manager Bajrang Lal S/o Late Shri Satya Narayan, Outside Rahu Gate, Ladnu, District Nagaur.

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	----Respondent
For Appellant(s)	: Mr. Narendra Thanvi Mr. Ashok Thanvi
For Respondent(s)	: Mr. Rajesh Choudhary

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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13/12/2023

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The appellant-defendant-tenant has preferred the present second appeal being aggrieved of the judgment and decree dated 29.10.2022 passed by the learned Additional District Judge, Ladnu, District Nagaur in Civil Appeal Decree No.40/2021 whereby the judgment and decree dated 25.09.2017 passed by the Civil Judge, Ladnu, District Nagaur in Civil Original Suit No.33/2012 (121/2014) 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 04.10.2023, learned counsel for the appellant was directed to complete his instructions as to whether the appellant wishes to contest the present appeal on merits or to seek time for vacation of the premises in question.

[2023:RJ-JD:43527]

[CSA-15/2023]

(2 of 3)

Today, on instructions, learned counsel for the appellant submitted that the appellant is ready to vacate the premise in question, if he is given reasonable time for the same.

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Learned counsel for the respondent-landlord, on instructions, does not oppose the submission as made by learned counsel appearing for the appellant-defendant.

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Having heard learned counsel for the parties and having perused the judgment and decree of the Courts below, the prayer made by learned counsel for the appellant-defendant-tenant seems to be reasonable and deserves to be granted as the appeal is 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 said premise to the respondent-plaintiff-landlord on or before 30.06.2025;

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ii. The appellant-defendant-tenant shall continue to pay mesne profit at the rate of Rs.600/- per month by 15th day of the next succeeding month or in advance to the respondentplaintiff-landlord and in case there is any default in payment of mesne profit, the aforesaid period 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 as decreed by the first appellate Court, 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

[2023:RJ-JD:43527]

[CSA-15/2023]

(3 of 3)

amount already deposited/paid shall be adjusted from the said amount.

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iv. 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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v. 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 on or before 30.06.2025, 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. 8. With the aforesaid directions, the present second appeal of the appellantdefendant-tenant stands disposed of.

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The stay application and all pending applications stand disposed of.

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(MADAN GOPAL VYAS),J

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32-neha/-

Paras Ram v. Kabutar Khana, Ladnu

Case brief

What is this about?

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Paras Ram v. Kabutar Khana, Ladnu

Case brief

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