2010 Supreme(Raj) 1511
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Ajay Rastogi, J.
Sita Ram Gupta - Appellant
Versus
Bharat Bhushan Sharma & Ors. - Respondent
S.B. Civil Writ Petition No. 5750 of 2010.
Decided On : 04-05-2010
Advocates:
For the Petitioner:Mr. J.P. Goyal, Advocate.
For the Respondents:Mr. Ajeet Bhandari, Advocate.
The court has the authority to modify decrees to impose specific obligations on parties in eviction cases.
Headnote:
Eviction - Rent Tribunal - The court modified the decree to require the petitioner to hand over the vacant and peaceful possession of the property by a specified date and to pay arrears of rent and continue to pay monthly rent on time, with consequences for default.
Fact of the Case:
The petitioner-defendant challenged the eviction decree issued by the Rent Tribunal and the dismissal of the appeal.
Finding of the Court:
The court upheld the finding of the lower tribunals and modified the decree to specify the timeline for handing over possession and payment of rent.
Issues: The issues involved the validity of the eviction decree and the appeal dismissal.
Ratio Decidendi: The court considered the material on record and modified the decree to impose specific obligations on the petitioner regarding possession and rent payment.
Final Decision: The court disposed of the petition, requiring the petitioner to comply with the modified decree.
JUDGMENT
1. - Instant petition has been filed by the petitioner-defendant assailing the order of Rent Tribunal dated 30.9.2009 (Ann.A) whereby the decree of eviction has been passed against him and the appeal preferred has also been dismissed on 11.3.2010 (Ann.B).
2. Counsel for petitioner has tried to persuade this Court that the finding recorded by the Tribunal and so also by the Appellate Rent Tribunal is wholly perverse and not supported by the material which came on record. However, counsel for petitioner, after taking instructions from his client, who is present in the Court, submits that some reasonable time may be granted to the petitioner for handing over the vacant and peaceful possession of the property in question.
3. Counsel for respondent on the other hand submits that whatever reasonable time this Court considers appropriate for handing over the vacant and peaceful possession may be granted.
4. Taking note thereof, while upholding the finding under the orders impugned herein, this Court considers it appropriate to modify the decree to the extent that petitioner will handover the vacant and peaceful possession of the property in question by 30.6.2011 and at the same time will pay the arrears of rent, if there is any, in terms of the decree, within two months and shall also continue to pay the monthly rent on or before 10th of each month, however, if petitioner commits any default in regard to payment of arrears of rent or commits two consecutive defaults in payment of monthly rent, the respondent shall be at liberty to file application for execution prior thereto and if the petitioner fails to handover the vacant and peaceful possession of the property in question on or before 30.6.2011, the respondent will be at liberty to file misc. application before this Court in regard to alleged disobedience, if any committed by the petitioner in compliance of the order.
5. With these directions/observations, the writ petition stands disposed of.Petition disposed of.
*******
Click Here to Read the rest of this document
Back
