Rajasthan High Court - Jodhpur
Om Prakash vs Mohan Lal on 22 May, 2012
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. Civil Second Appeal No.113/2012
Om Prakash Vs. Mohan Lal
Judgment dt:22/05/2012
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
JUDGMENT
S.B. Civil Second Appeal No.113/2012 Om Prakash Vs. Mohan Lal Date of Judgment ::: 22nd May, 2012 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Sandeep Shah, for the appellant-defendant. Mr. O.P. Mehta, for the respondent-plaintiff.
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1. This second appeal filed under Section 100 CPC by the defendant is directed against the judgment and decree dated 25.04.2012 in Appeal No.6/2012 passed by learned Additional District & Sessions Judge, Fast Track, Balotra, Barmer Camp Balotra whereby he dismissed the appeal and upheld the judgment and decree dated 30.07.2007 passed by the learned Civil Judge (Jr. Division), Balotra, District Barmer in Civil Original Case No.7/2002- Mohan Lal Vs. Om Prakash, whereby he decreed the suit filed by the plaintiff - respondent for eviction and recovery of arrears of rent in respect of such premises.
2. The eviction decree has been passed on the ground of default in making payment of rent, and bonafide need of the suit S.B. Civil Second Appeal No.113/2012 Om Prakash Vs. Mohan Lal Judgment dt:22/05/2012 2/2 premises for starting business for the landlord's son.
2. Having heard the learned Counsels and upon perusal of the impugned judgments, this Court finds no substantial question of law to be arising in the matter as finding of courts below are findings of facts based on cogent and relevant evidence. The tenant cannot dictate terms to the landlord nor it was necessary to disclose the nature of business to be started by the son of the landlord as contended by learned counsel for the defendant-tenant. The appeal is thus, found to be devoid of any merit and the same is accordingly dismissed. No order as to costs.
3. The appellant-tenant shall hand over the peaceful & vacant possession of the suit premises to the plaintiff-respondent within a period of six months from today and shall pay mesne profit @ Rs.3,000/- per month from May 2012 before 15th of next month either to respondent-landlord directly or in their Bank account, details of which may be supplied by the respondent till vacant possession is handed over. It is made clear that in case, the appellant-tenant does not hand over the peaceful and vacant possession of the suit premises within a period of six months from today or does not pay the mesne profit as directed by this Court, then it will be open for the respondent landlord to get the decree passed in his favour executed and to initiate contempt proceedings in this Court. Copy of this order be sent to the opposite side and trial court forthwith.
(DR. VINEET KOTHARI), J.
DJ/-
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