Jogendra vs M/S Dhariwal Motor Agency
2021 Latest Caselaw 8545 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 136/2009

Jogendra son of Murlidhar, aged about 41 years, resident of 11 th Chopasni Road, Bachchharaj Ji Ka Bag, Jodhpur.

----Appellant Versus M/s Dhariwal Motor Agency through Proprietor Bhoorji son of Ram Lal, resident of 11th Chopasni Road, Bachchharaj Ji Ka Bag, Jodhpur.

----Respondent

For Appellant(s) : Mr. Narendra Thanvi. For Respondent(s) : Mr. Tarun Dudia for Mr. Ramit Mehta.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

26/03/2021

An application has been filed under Order XXIII, Rule 1 CPC,

which essentially is under Order XXIII, Rule 3 CPC signed by both

the parties and their counsel, inter alia, with the submissions that

the grounds indicated in provisions of Section 13(1)(a) of the

Rajasthan Premises (Control of Rent & Eviction) Act, 1950 exists

and that partial eviction was not possible, the respondent wants to

close down his business, which is likely to take some time and,

therefore, he would vacate the premises by 31.12.2022 and till

the time the possession is handed over, he would continue to

make payment of mesne profit @ Rs. 3,000/- per month and that

the other pending proceedings by the appellant, shall be

withdrawn and that the present appeal be allowed in terms of the

compromise arrived at between the parties.

(2 of 2) [CSA-136/2009]

In view of the submissions made in the application and

reiterated by counsel for the parties, the application is allowed.

The present appeal is also allowed. The judgment and appellate

decree dated 10.02.2009 passed by the Additional District Judge

(Fast Track) No. 4, Jodhpur is set aside. However, the respondent

shall hand over the vacant possession of the suit property on or

before 31.12.2022 and till such time that the vacant possession is

handed over to the appellant, the respondent would pay mesne

profit @ Rs. 3,000/- per month to the appellant.

(ARUN BHANSALI),J

54-PKS/-

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