Disposed

Kishan Gopal v. Dharmchand

Rajasthan HC24 May 2023CSA/72/2023

Case brief

AI extract

What is this about?

On consent of the landlord, the High Court granted the appellant-tenant one and a half years to vacate the suit shop and handover possession, directing payment of mesne profit and arrears, while expressly noting the appeal was not pressed on merits.

What did the court decide?

Appellant directed to vacate within one and a half year; pay mesne profit; clear arrears; execute written undertaking prohibiting subletting.

Kishan Gopal Vs Dharmchand — Landlord and Tenant | Rajasthan HC (2023)

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[2023/RJJD/017046]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Second Appeal No. 72/2023

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Kishan Gopal S/o Shri Madan Lal Modi, Aged About 59 Years, By Caste Modi, Resident Of Proprietor M/s Madan Lal Kishan Gopal, Lakhara Chowk, Nokha, Tehsil Nokha District Bikaner (Raj.)

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----Appellant

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Versus

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Dharmchand S/o Late Shri Chunnilal, By Caste Baid, Resident Of Gumanji Lakhara Chowk, Nokha, Tehsil Nokha, District Bikaner. (Raj.)

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----Respondent

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For Appellant(s)	: Mr. J.K. Bhaiya
	Mr. Kishan Gopal, appellant present in-person
For Respondent(s)	: Mr. Manish Patel
	Mr. KuldeepSingh Solanki

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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24/05/2023

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The appellant-tenant has preferred the present second appeal being aggrieved of the judgment and decree dated 18.04.2023 passed by the learned Additional District Judge, Nokha, District Bikaner in Civil Appeal Decree Case No.71/2022 whereby the judgment and decree dated 22.09.2022 passed by learned Civil Judge, Nokha, District Bikaner in Civil Suit No.132/2021 decreeing the suit preferred by the respondentplaintiffs seeking eviction of the appellant-defendant under Section 106 of the Transfer of Property Act, 1882, has been affirmed.

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Learned counsel appearing for the appellant-defendanttenant submitted that the defendant is/was running the shop in question since last 17 years and therefore, needs some reasonable

[2023/RJJD/017046]

[CSA-72/2023]

(2 of 3)

time to vacate the shop. 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 vacate the suit shop and to handover the vacant possession of the same to the respondent-landlord.

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

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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 within a period of one and a half year from today i.e. on or before 30.11.2024 and shall, w.e.f. 01.06.2023, continue to pay mesne profit at the enhanced rate of Rs.3,200/- per month (Rupees Three Thousand Two Hundred only) by 15^th day of the next succeeding month or in advance to the respondent-plaintiff- landlord and in case there is any default in payment of mesne profit, the period of one and half year for eviction shall stand reduced and the decree of eviction would become executable forthwith. The appellant-defendanttenant shall also clear all the arrears of rent, if any, and mesne profit and pay the same to the respondent-plaintiff-landlord within three months from today, if not paid till date, otherwise the same will bear interest @9% per annum. The appellant-defendant-

[2023/RJJD/017046]

[CSA-72/2023]

(3 of 3)

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. The appellant- defendant-tenant shall furnish a written undertaking incorporating the aforesaid conditions in the Trial Court within three months and one copy thereof along with affidavit, in this Court. It is made clear that if the peaceful and vacant possession of the suit premises is not handed over to the respondent-plaintiff within a period of one and a half year from today, i.e. upto 30.11.2024, 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.

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With the aforesaid directions, the present second appeal of the appellant-defendant-tenant stands disposed of.

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The stay application and all pending applications stand disposed of.

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(REKHA BORANA),J

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21-KashishS/-

Kishan Gopal v. Dharmchand

Case brief

What is this about?

What did the court decide?

Kishan Gopal v. Dharmchand

Case brief

What is this about?

What did the court decide?

What the court decided

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