Dismissed

Jagdishchand v. Lrs of Puranchand

Rajasthan HC17 Feb 2023CSA/192/2017

Case brief

AI extract

What is this about?

In S.B. Civil Second Appeal No. 192/2017 aggrieved of an eviction decree, the High Court allowed the appeal indirectly by granting death-benefit leave to vacant possession by 31.12.2023, while imposing strict pecuniary obligations. The appellant must pay mesne profits at Rs. 2000/month and clear rent arers within two months at 9% interest, failing which eviction becomes immediate. An executio peti

What did the court decide?

Appellant granted 31.12.2023 to handover possession without press-ing merit appeal. Ordered payment of mesne profits at Rs. 2000/month and clearing arrears with 9% interest. Executing court stayed til

Jagdishchand Vs Lrs of Puranchand — Landlord and Tenant | Rajasthan HC (2023)

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[2023/RJJD/005640]

[CSA-192/2017]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Second Appeal No. 192/2017

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Jagdishchand S/o Mukandilal, By Caste Jain, age - 73 years, Resident of - Parsichaal, Abu Road, Tehsil- Abu Road, DistrictSirohi. Rajasthan. (Now Deceased) through his Legal Representatives:

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1/1. Amit Jain S/o Jagdishchand, by caste Jain, age - 49 years, Resident of Parsichaal, Abu Road,Tehsil Abu Road, District Sirohi.

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1/2. Sakuntka Devi Jain W/o Jagdishchand, by caste Jain, age - 75 years, Resident of Parsichaal, Abu Road, Tehsil Abu Road, District Sirohi.

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1/3. Sarika Nagori W/o Shashi Nand Nagori, age - 46 years, Resident of C-503, Rass Vasant Utsav Thakur Village, Kandivali (East), Mumbai - 400101.

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1/4. Ayushi Goyal W/o Panil Kumar Goyal, age - 41 years, Resident of - F-620, RIICO Colony, Abu Road, District Sirohi. ----Appellants

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Versus

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Puranchand S/o Hariram Gupta, By Caste Agrawal, Resident of Abu Road through his Legal Representatives:

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1/1. Smt. Rama Devi alias Ram Devi, W/o Puranchand, age - adult, by caste Agrawal, Resident of Gandhinagar, Abu Road, District Sirohi.

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1/2. Satishchand S/o Puranchand, age - adult, by caste Agrawal, Resident of Gandhinagar, Abu Road, District - Sirohi.

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1/3. Smt. Manju W/o Rakeshchandra Gupta D/o Puranchand, age - adult, by caste Agrawal, Resident of Netaji Park Society, Mehsana (Gujarat).

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----Respondents

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For Appellant(s)	: Mr. Shreyansh Mardia
For Respondent(s)	: Mr. Sunil Purohit

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[CSA-192/2017]

HON'BLE MS. JUSTICE REKHA BORANA

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Order

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17/02/2023

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The present second appeal has been preferred being aggrieved of the judgment dated 23.05.2017 passed by the Additional District Judge No.2, Abu Road in Civil First Appeal No.28/2016 whereby, while allowing the appeal filed by the respondent-plaintiff, the judgment and decree dated 02.06.2007 passed by the Civil Judge, Abu Road in Civil Original Suit No.79/1986 rejecting the suit of the plaintiff for eviction and recovery of rent, has been reversed.

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Learned counsel appearing for the appellant-defendanttenant Late Shri Jagdishchand, now represented by his legal representatives, submitted that the defendant/s was/were running the business in the premise in question since last more than 35 years and therefore, needs some reasonable time to vacate the premise 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 hand over the vacant possession of the same to the respondent-landlord. He further submitted that rent/ mesne profit @2000/- per month as directed by this Court vide order dated 12.10.2017 is being paid and the arrears if any would be paid to the plaintiff-respondent-landlord.

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Learned counsel Mr. Sunil Purohit appearing for the respondent-landlord does not oppose the submissions as made by learned counsel appearing for the appellant-defendant but made a submission that the mesne profits in pursuance to the order dated 12.10.2017 have not been paid by the appellant-tenant and

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therefore, he may be directed to pay the complete arrears qua the mesne profits.

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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 on or before 31.12.2023 and shall continue to pay mesne profit @ Rs.2,000/per month (Rupees Two Thousand only) by 15^th day of the next succeeding month or in advance to the respondent-plaintifflandlord and in case there is any default in payment of mesne profit , the time for eviction till 31.12.2023 shall stand reduced and the decree of eviction would become executable forthwith. The appellant-defendant-tenant shall also clear all the arrears of rent and mesne profit and pay the same to the respondent-plaintifflandlord within two months from today, if not paid till date, otherwise the same will bear interest @ 9% per annum . The appellant-defendant-tenant shall also 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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As in the present matter, the execution petition has already been preferred by the plaintiff-landlord and the same is pending before the Executing Court, it is hereby directed that the further

[2023/RJJD/005640]

[CSA-192/2017]

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proceedings in the same shall remain stayed uptil 31.12.2023. If the peaceful and vacant possession of the suit premises is not handed over to the plaintiff-landlord on or before 31.12.2023 or mesne profits as payable are not paid as directed above, further proceedings would be taken up by the Executing Court forthwith and the present order would come to an end.

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With the aforesaid directions, the present second appeal of the appellant-defendant-tenant stands disposed of. A copy of this order be sent to the learned Trial Court forthwith.

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Both the stay applications and all pending applications stand disposed of.

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(REKHA BORANA),J

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47-T.Singh/-

Jagdishchand v. Lrs of Puranchand

Case brief

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Jagdishchand v. Lrs of Puranchand

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