Rajasthan High Court - Jodhpur
Raman Lal vs Om Prakash on 22 August, 2012
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. CIVIL SECOND APPEAL No.203/1997
Raman Lal Vs. Om Prakash
Decision dt: 22/08/2012
1/5
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
JUDGMENT
S.B. Civil Second Appeal No.203/1997 Raman Lal Vs. Om Prakash Date of Judgemnt : 22nd August, 2012 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Sajjan Singh, for the appellant-defendant-tenant. Mr. R.R. Nagori, Sr. Advocate with Mr. Alkesh Agarwal, for the respondent-plaintiff-landlord.
--
1. Heard learned counsels for the parties.
2. The appellant-defendant-tenant has filed an application (IA No.3748/12) under Section 151 of CPC seeking modification of order dated 01.12.2010 passed by this Court on the application (IA No.44/2010) filed by the respondent-plaintiff for enhancement of the rent of the suit shop in question. By the said order, the appellant-defendant was directed to pay mesne profit of Rs.5000/- per month from the month of January, 2011.
3. Briefly stated, the facts of the case are that the respondent-plaintiff filed a suit for eviction and arrears of rent against the appellant-defendant in respect of suit shop No.3, S.B. CIVIL SECOND APPEAL No.203/1997 Raman Lal Vs. Om Prakash Decision dt: 22/08/2012 2/5 situated at Fad Bazar, Bikaner, which initially was let-out to appellant-defendant on monthly rent of Rs.54/- per month. The respondent-plaintiff filed the eviction suit on the ground of second default of payment in monthly rent since benefit of first default was granted to the defendant-tenant under Section 13 (6) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 in the previous suit for eviction.
4. After hearing the parties, the learned trial court vide its judgment and decree dated 23.10.1990 dismissed the eviction suit filed by the plaintiff-respondent.
5. Being aggrieved by the judgment and decree dated 23.10.1990, the plaintiff-respondent filed an appeal before the lower appellate court (Addl. District Judge, No.1, Bikaner) and the learned lower appellate court allowed the appeal No.22/1994- Om Prakash Vs. Ramanlal and reversed the judgment and decree of learned trial court vide its judgment and eviction decree dated 28.08.1997, against which the appellant-defendant-tenant is before this Court in the present second appeal under Section 100 of Civil Procedure Code, 1908 filed on 20.10.1997.
6. After arguing at some length and trying to convince the Court about the substantial questions of law framed in the matter vide order dated 22.10.1997 but finding it difficult, the S.B. CIVIL SECOND APPEAL No.203/1997 Raman Lal Vs. Om Prakash Decision dt: 22/08/2012 3/5 learned counsel for the appellant-defendant, Mr. Sajjan Singh, 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 defendant-tenant and, so also, the rent enhanced by this Court vide order dated 01.12.2010 directing the appellant-defendant to pay Rs.5000/- rent for the suit shop, may also suitably be reduced for which he has filed IA No.3748/2012 on 20.03.2012 narrating therein that other tenants of nearby shops are paying the monthly rent of Rs.999/- and 1269/- and so also the appellant-tenant is a poor person. Therefore, in view of undertaking of defendant-tenant to hand-over the peaceful & vacant possession of the suit shop to the plaintiff-respondent on or before 31.12.2013 with conditions given below. Both the learned counsels agree to dispose of this second appeal on the following terms 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 31.12.2013. The respondent shall not execute the impugned decree till 31.12.2013.
(ii) The appellant-tenant undertakes to pay or deposit the mesne profit at the rate of Rs.2000/- per month w.e.f. January, 2011 S.B. CIVIL SECOND APPEAL No.203/1997 Raman Lal Vs. Om Prakash Decision dt: 22/08/2012 4/5 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 04th of 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.
7. It is made clear that in case, the appellant-tenant do S.B. CIVIL SECOND APPEAL No.203/1997 Raman Lal Vs. Om Prakash Decision dt: 22/08/2012 5/5 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. 31.12.2013 and the plaintiff-landlord may also initiate contempt proceedings in this Court.
8. With the aforesaid terms, conditions and directions, the present second appeal is accordingly dismissed as not pressed. No costs. The application (IA No.3748/12) under Section 151 of CPC seeking modification of order dated 01.12.2010 is also disposed of accordingly.
(DR. VINEET KOTHARI), J.
DJ/-
11