Rajasthan High Court - Jodhpur
Chhoga Ram vs Shri Jain Samaj Gaushala Samiti on 24 August, 2012
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. CIVIL SECOND APPEAL No.244/2012
Chhogaram Vs. Shri Jain Samaj Gaushala Samiti
Decision dt: 24/08/2012
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
JUDGMENT
S.B. Civil Second Appeal No.244/2012 Chhogaram Vs. Shri Jain Samaj Gaushala Samiti Date of Judgment : 24th August, 2012 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Ranjeet Joshi, for the appellant-defendant-tenant.
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1. Heard learned counsel for the appellant-defendant- tenant.
2. The appellant-defendant-tenant has filed the present second appeal under Section 100 of CPC aggrieved by concurrent judgment and decree of the courts below. The learned trial court of Civil Judge (Jr. Division), Jalore vide its judgment and decree dated 06.11.2009 passed Civil Original Suit No.13/2000- Jain Samaj Gaushala Samiti Vs. Chhoga Ram decreed the respondent-plaintiff's suit for eviction and the learned lower appellate court below has also affirmed the judgment of the trial court vide its judgment and decree dated 28.07.2012 and dismissed the Civil Appeal No.31/2009- S.B. CIVIL SECOND APPEAL No.244/2012 Chhogaram Vs. Shri Jain Samaj Gaushala Samiti Decision dt: 24/08/2012 2/4 Chhoga Ram Vs. Shri Jain Samaj Gaushala Samiti.
3. The respondent-plaintiff filed a suit for eviction and recovery of due mesne profit and compensation for the use and occupation of the disputed shop Nos.6 and 7, situated at opposite Hospital, Ahore, which was given on rent to appellant- defendant-tenant. The respondent-plaintiff through counsel sent a registered notice dated 21.05.2009 to the appellant- defendant terminating the tenancy u/s 106 of the Transfer of Property Act, and asked the petitioner to hand over the vacant possession of the suit shops 02.07.1999. Thereafter the respondent- plaintiff filed eviction suit on the ground of default in payment of monthly rent and so also bonafide need of the suit shops in question for the landlord.
4. Learned counsel for the appellant-defendant-tenant, Mr. Ranjeet Joshi, without arguing the appeal on merit does not press this second appeal on merit, however, he prayed that adequate period to handover the peaceful and vacant possession of the suit shop may be granted to the appellant- defendant-tenant. Therefore, in view of undertaking of appellant-defendant-tenant to hand-over the peaceful & vacant possession of the suit shop to the plaintiff-respondent on or before 30.06.2014 with conditions given below. Accordingly, the present second appeal is disposed of on the following terms S.B. CIVIL SECOND APPEAL No.244/2012 Chhogaram Vs. Shri Jain Samaj Gaushala Samiti Decision dt: 24/08/2012 3/4 and conditions:-
(i) The appellant-tenant undertakes to hand-
over the vacant and peaceful possession of the suit premises, in dispute to the respondent on or before 30.06.2014. The respondent shall not execute the impugned decree till 30.06.2014.
(ii) The appellant-tenant undertakes to pay or deposit the mesne profit at the rate of Rs.3000/- per month w.e.f. August, 2012 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 mesne profit as determined by the court below, if not already paid, shall also be paid paid by the defendant-appellant and entire amount including the amount already deposited on this account will be disbursed to the plaintiff- landlord.
(iii) The appellant further undertakes 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 30th of S.B. CIVIL SECOND APPEAL No.244/2012 Chhogaram Vs. Shri Jain Samaj Gaushala Samiti Decision dt: 24/08/2012 4/4 September, 2012 and one copy thereof along with affidavit in this Court.
(v) Learned counsel for respondent-landlord will give the details of his bank account number in which the arrears of rent or mesne profit will be paid within six months from today, and regular montly mesne profit now be paid, will be deposited, which may be disbursed to the respondent-landlord.
5. It is made clear that in case, the appellant-tenant 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 even before the aforesaid date i.e. 30.06.2014 and the plaintiff-landlord may also initiate contempt proceedings in this Court.
6. With the aforesaid terms, conditions and directions, the present second appeal is accordingly dismissed as not pressed. No costs. A copy of this judgment be sent to the opposite party and both the learned courts below.
(DR. VINEET KOTHARI), J.
DJ/-
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