Disposed

Praveen Kumar v. Choudhary Ishardas Dharmshala Trust

Rajasthan HC28 Nov 2023CSA/45/2023

Case brief

AI extract

What is this about?

The High Court disposed of the second appeal in a lease dispute where the tenant agreed to vacate the premises by a fixed date. The appellant-tenant was directed to hand over possession, while the respondent-landlord agreed to waive rent arrears subject to timely vacating.

What did the court decide?

Appellant to hand over possession by 31.05.2024; Respondent to waive rent/mesne profits till that date.

Praveen Kumar Vs Choudhary Ishardas Dharmshala Trust — Landlord and Tenant | Rajasthan HC (2023)

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[2023:RJ-JD:41015]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Second Appeal No. 45/2023

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Praveen Kumar S/o Shri Satyapal, Aged About 42 Years, B/c Agrawal, Proprietor Of Bansal Medical Store, Shop No. 2, Choudhary Ishardas Dharmshalal Trust, Raisinghnagar, Tehsil Raisinghnagar, R/o Mandi Raisingh Nagar, Tehsil Raisinghnagar, District Sri Ganganagar. (Raj.)

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----Appellant

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Versus

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Choudhary Ishardas Dharmshala Trust, Through Its President Of Tarsem Lal, S/o Kundan Lal, B/c Agrawal, R/o Raisinghnagar, District Sri Ganganagar. (Raj.)

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----Respondent

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For Appellant(s) : Mr. Sushil Bishnoi For Respondent(s) : Mr. Rajat Dave for Mr. Vuikash Chouhan

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Judgment

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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 24.02.2023 passed by the learned Additional District Judge, Raisinghnagar, District Sri Ganganagar in Civil Appeal No.16/2017 (CIS No.18/2017) whereby the judgment and decree dated 18.08.2017 passed by the Senior Civil Judge, Raisinghnagar, District Sri Ganganagar in Civil Suit No.15/2011 (CIS No.176/2014) decreeing the suit preferred by the respondentplaintiff seeking eviction of the appellant-defendant from the suit property has been affirmed.

[2023:RJ-JD:41015]

[CSA-45/2023]

(2 of 3)

Today, learned counsel for the appellant, on instructions, submitted that the appellant is ready to vacate the premise on or before 31.05.2024.

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Learned counsel for the respondent, on instructions, submitted that if the vacant possession of the premises in question is handed over on or before 31.05.2024, 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 31.05.2024;

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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 31.05.2024.

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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

[2023:RJ-JD:41015]

[CSA-45/2023]

(3 of 3)

or before 31.05.2024, 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.

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The stay application and all pending applications, if any, also stand disposed of.

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(MADAN GOPAL VYAS),J

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227-Bharti/-

Praveen Kumar v. Choudhary Ishardas Dharmshala Trust

Case brief

What is this about?

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Praveen Kumar v. Choudhary Ishardas Dharmshala Trust

Case brief

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