Disposed

Subhash Chandra v. Choudhary Ishardas Dharmshala Trust, Raisinghnagar

Rajasthan HC28 Nov 2023CSA/160/2023

Case brief

AI extract

What is this about?

High Court of Rajasthan disposed of a second appeal in an eviction suit. The appellant agreed to vacate the premises by 30.11.2024 in exchange for the landlord waiving arrears of rent and mesne profits up to that date, with contempt consequences for default.

What did the court decide?

Vacation of premises by 30.11.2024; waiver of arrears/rent up to vacating date; prohibition on subletting; contempt liability for non-compliance.

Subhash Chandra Vs Choudhary Ishardas Dharmshala Trust… — Property and Title | Rajasthan HC (2023)

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[2023:RJ-JD:41011]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Second Appeal No. 160/2023

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Subhash Chandra S/o Jagdishray, Aged About 66 Years, AddressShop No. 14 And 15, Choudhary Ishardas 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 Dharmshala 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 MR. JUSTICE MADAN GOPAL VYAS

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Order

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28/11/2023

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The appellant-tenant has preferred the present second appeal being aggrieved of the judgment and decree dated 01.08.2023 passed by the learned Additional District Judge, Raisinghnagar, District Sri Ganganagar in Civil Appeal No.04/2019 (CIS No.04/2019) whereby the judgment and decree dated 04.02.2019 passed by the Civil Judge, Raisinghnagar, District Sri Ganganagar in Civil Suit No.78/2003 (CIS No.452/2014) decreeing the suit preferred by the respondent-plaintiff seeking eviction of the appellant-defendant from the suit property has been affirmed.

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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 30.11.2024.

[CSA-160/2023]

[2023:RJ-JD:41011]

(2 of 3)

Learned counsel for the respondent, on instructions, submitted that if the vacant possession of the premises in question is handed over on or before 30.11.2024, the plaintifflandlord 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 30.11.2024;

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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 30.11.2024.

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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 30.11.2024, 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.

[2023:RJ-JD:41011]

[CSA-160/2023]

(3 of 3)

The stay application and all pending applications, if any, also

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stand disposed of.

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(MADAN GOPAL VYAS),J

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108-Bharti/-

Subhash Chandra v. Choudhary Ishardas Dharmshala Trust, Raisinghnagar

Case brief

What is this about?

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Subhash Chandra v. Choudhary Ishardas Dharmshala Trust, Raisinghnagar

Case brief

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