Disposed

Rajendra Singh v. Choudhary Ishardas Dharmshala Trust

Rajasthan HC28 Nov 2023CSA/46/2023

Case brief

AI extract

What is this about?

High Court of Rajasthan disposed of a second appeal regarding a suit for eviction. On settled terms, the tenant- appellant agrees to vacate possession by 31.05.2024, and the landlord waives arrears of rent/mesne profits up to that date.

What did the court decide?

Appellant to vacate possession by 31.05.2024; Respondent to waive arrears of rent/mesne profits up to that date.

Rajendra Singh Vs Choudhary Ishardas Dharmshala Trust — Rajasthan HC (2023) — LawSathi Research

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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. 46/2023

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Rajendra Singh S/o Shri Maha Singh, Aged About 70 Years, B/c Nai, Proprietor Of Beauty Hair Dresser, Shop No. 6, Choudhary Ishardas Dharmshala, 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, 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. Vikash Chouhan

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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 24.02.2023 passed by the learned Additional District Judge, Raisinghnagar, District Sri Ganganagar in Civil Appeal No.15/2017 (CIS No.20/2017) whereby the judgment and decree dated 18.08.2017 passed by the Senior Civil Judge, Raisinghnagar, District Sri Ganganagar in Civil Suit No.13/2011 (CIS No.155/2014) 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-46/2023]

(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 or before 31.05.2024, the respondent-plaintiff-landlord shall be

[2023:RJ-JD:41015]

[CSA-46/2023]

(3 of 3)

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/-

Rajendra Singh v. Choudhary Ishardas Dharmshala Trust

Case brief

What is this about?

What did the court decide?

Rajendra Singh v. Choudhary Ishardas Dharmshala Trust

Case brief

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