Nirmal Singh vs Choudhary Ishardas Dhamshala ...
2023 Latest Caselaw 8736 Raj

[2023:RJ-JD:36006]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 122/2023

Nirmal Singh S/o Shri Jeet Singh, Aged About 52 Years, By Caste Jat Sikh, Proprietor Of Aman Photo Studio, Shop No. 18, Choudhary Ishradas Dharmshala Trust Building Raisinghnagar, Tehsil Raisinghnagar, District Sri Ganganagar (Raj.)

----Appellant Versus Choudhary Ishardas Dhamshala Trust, Raisinghnagar, Through Its President Tarsem Lal S/o Kundan Lal By Caste Agrawal, Resident Of Raisinghnagar, District Sri Ganganagar. (Raj.)

----Respondent

For Appellant(s) : Mr. Sushil Bishnoi For Respondent(s) : Mr. Sudhir Sharma

HON'BLE MS. JUSTICE REKHA BORANA Judgment 19/10/2023

1. The appellant-tenant has preferred the present second

appeal being aggrieved of the judgment and decree dated

03.06.2023 passed by the learned Additional District Judge,

Raisinghnagar, District Sri Ganganagar in Civil Appeal No.11/2017

(CIS No.15/2017) whereby the judgment and decree dated

20.05.2017 passed by the Senior Civil Judge, Raisinghnagar,

District Sri Ganganagar in Civil Original Suit No.12/2011 (CIS

No.193/2014) decreeing the suit preferred by the respondent-

plaintiff seeking eviction of the appellant-defendant from the suit

property has been affirmed.

2. In the present matter, vide order dated 16.08.2023, the

notices were directed to be issued to the respondent only to the

extent of period/time to be granted to the appellant to vacate the

premise in question.

3. Today, learned counsel for the appellant, on instructions,

submitted that the appellant is ready to vacate the premise on or

before 30.11.2023.

[2023:RJ-JD:36006] (2 of 2) [CSA-122/2023]

4. Learned counsel for the respondent, on instructions,

submitted that if the vacant possession of the premises in

question is handed over on or before 30.11.2023, the plaintiff

landlord is ready to waive the arrears of rent/mesne profits.

5. 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 :

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 30.11.2023;

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.

iii. The respondent-plaintiff-landlord shall not claim any amount

qua arrears of rent/mesne profits or mesne profits for the

period uptill 30.11.2023.

6. 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 30.11.2023, 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.

7. The stay application and all pending applications, if any, also

stand disposed of.

(REKHA BORANA),J

85-vij/-

Powered by TCPDF (www.tcpdf.org)