S.B. CIVIL FIRST APPEAL No.269/2014. Anil Gupta Vs. Lajpat Rai Judgment dated 24/11/2014 1/6 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ::
:: S.B. CIVIL FIRST APPEAL No.269/2014. Anil Gupta Vs. Lajpat Rai Date of Judgment ::::
24. h November, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. A.K. Rajvanshy, for the appellant/defendant. Mr. Pankaj Sharma, for the respondent/plaintiff. -- BY THE COURT:
2. The appellant/defendant has preferred this first appeal impugning the judgment and decree dated 26.09.2014 passed by learned Additional District Judge, Suratgarh, in Civil Suit No.94/2012 (72/2009) whereby the suit filed by the respondent/plaintiff for eviction and recovery of arrears of rent has been decreed.
3. Succinctly stated, the facts of the case are that the plaintiff filed a suit for eviction and recovery of rent of the suit shop, situated at Main Bazar, Purani Dhan Mandi, Suratgarh, S.B. CIVIL FIRST APPEAL No.269/2014. Anil Gupta Vs. Lajpat Rai Judgment dated 24/11/2014 2/6 which was let out to the defendant at a monthly rent of Rs.3500/- per month. The plaintiff sought eviction of the defendant on ground the bonafide necessity for starting business for his son. A notice was also given to the defendant/tenant on 16.03.2009 terminating the tenancy. The plaintiff has also averred that the defendant has defaulted in making payment of rent.
4. The appellant/defendant upon receipt of the notices submitted his written statement while denying the facts averred in the plaint. In the written statement, the defendant averred that in the suit shop, he is running his business of “पश आह र". The defendant denied any default in payment of monthly rent and in this respect it has been averred by the appellant that the tenancy was yearly basis and not monthly basis. The defendant also questioned the bonafide necessity of the suit shop for starting business of his son as the plaintiff owns 8-10 shops in the Suratgarh itself, where his son is said to have doing his business.
5. The learned court below after hearing the counsels for the respective parties and considering evidence led before it, proceeded to decree the suit filed by the plaintiff/respondent vide judgment and decree dated 26.09.2014 and granted decree eviction of the appellant/defendant from the suit shop.
6. On 30.10.2014, after hearing the learned counsel for the appellant, a coordinate bench of this Court issued the notices S.B. CIVIL FIRST APPEAL No.269/2014. Anil Gupta Vs. Lajpat Rai Judgment dated 24/11/2014 3/6 for limited extent of grant of time to the appellant to vacate the suit premises. For the purposes of ready reference the order dated 30.10.2014 passed by a coordinate bench of this Court is quoted herein below: - “After attempting to make submissions for some time, learned counsel for the appellant submits that looking to the fact that the appellant is running his business in the suit property for a long time, he may be granted reasonable time for vacating the suit premises. Issue notice to the respondent for the limited extent of grant of time to the appellant. Rule issued is made returnable on 24.11.2014. When issued, the notices be given 'dasti' to learned counsel for the appellant for being served on the respondent. Learned counsel for the appellant is directed to specifically indicate in the notice that the same has been issued for the limited purpose and office is directed to ensure that such an endorsement is made on the notices. Till the next date i.e. 24.11.2014, the execution of impugned decree shall remain stayed.”. 7. Mr. A.K. Rajvanshy, the learned counsel for the appellant/defendant/tenant upon instructions submits that the appellant/defendant shall handover the vacant and peaceful S.B. CIVIL FIRST APPEAL No.269/2014. Anil Gupta Vs. Lajpat Rai Judgment dated 24/11/2014 4/6 possession of the suit shop to the respondent/landlord on or before 30.06.2016, to which the learned counsel for the respondent/plaintiff agrees subject to certain conditions.
8. Accordingly, the present first appeal petition is disposed of with a direction to the defendant/appellant to submit an undertaking to hand over the peaceful and vacant possession of the suit shop to the respondent/landlord on or before 30.06.2016 with the conditions given below. (i) The appellant/tenant shall submit an undertaking to hand-over the vacant and peaceful possession of the suit shop, in dispute to the respondent/plaintiff on or before 30.06.2016. The respondent shall not execute the impugned decree till 30.06.2016. (ii) The appellant-tenant shall pay or deposit the mesne profit and will further continue to pay the mesne profit each month by 15th day of the next succeeding month or in advance to the respondents. The arrears of rent and mesne profit as determined by the Courts below, if not already paid, shall also be paid by the appellant within a period of three months from today and entire amount including the amount S.B. CIVIL FIRST APPEAL No.269/2014. Anil Gupta Vs. Lajpat Rai Judgment dated 24/11/2014 5/6 already deposited on this account will be disbursed to the respondents-landlords. Further, provided that the appellant/ defendant shall regularly pay mesne profit fixed by the learned court below @ Rs.5000/- per month, which shall stand increased to Rs.7,500/- w.e.f. 01.07.2015, till actual handing over of possession or outer date 30.06.2016. (iii) The appellant/tenant shall further undertake that he shall not sub-let, assign or part with the possession of the suit premises or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period and if he does so the same will be treated as void. (iv) The appellant shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court by 10/12/2014 and one copy thereof along with affidavit in this Court. (v) The respondent-plaintiff/landlord will give the details of his bank account number in which the arrears of rent or mesne profit and regular S.B. CIVIL FIRST APPEAL No.269/2014. Anil Gupta Vs. Lajpat Rai Judgment dated 24/11/2014 6/6 mesne profit now be paid, will be deposited, within the period of three months from today.
5. It is made clear that in case, the appellant/defendant do not comply with any of the aforesaid conditions, then it will be open for the respondent-landlord to get the decree passed in his favour executed forthwith even before the aforesaid date i.e. 30.06.2016 and the respondent-landlord may also initiate contempt proceedings in this Court.
8. With the aforesaid terms, conditions and directions, the present first appeal of the appellant/tenant is, accordingly, disposed of. No costs. A copy of this judgment be sent to the parties concerned and the learned court below forthwith. (Dr. VINEET KOTHARI), J.