MANOJ KUMAR GARG
Hanumanprasad – Appellant
Versus
Omprakash Nagauri – Respondent
ORDER
1. The present second appeal has been filed by the appellant defendant against the judgment and decree dated 06.03.2021 passed by Additional district Judge, Deedwana, district Nagaur by which the learned Judge affirmed the judgment and decree dated 08.05.2019 passed by Civil Judge, Deedwana in Civil Original Suit NO. 33/2016 and suit of the plaintiff respondent has been decreed and the appellant defendant was directed to vacate the suit premises within a period of two months and he shall pay mesne profit from 30.05.2016 till execution of the decree.
2. Today, learned counsel for the appellant/defendant upon instructions submits that the appellant/defendant is not pressing the appeal on merits and craving that a reasonable time may be granted to him to handover the vacant and peaceful possession of the suit shop.
3. Learned counsel for the respondent-landlord submits that although the possession of suit premises has been taken over by the court below, however he has very candidly accepted the proposal of learned counsel for the appellant to allow some time to the appellant for vacating the rented premises. After thorough deliberations, learned counsel for the respondent-landlord
A tenant must comply with court orders regarding possession and payment of mesne profits, with specified conditions for vacating premises.
The judgment reinforces the landlord's right to timely possession and rent recovery while allowing reasonable time for the tenant to vacate.
The court granted the tenant additional time to vacate the premises while imposing conditions for payment of mesne profits and prohibiting subletting.
The court established that tenants may be granted additional time to vacate premises under the Rent Control Act, provided they comply with conditions regarding payment of rent and maintenance of the ....
A tenant's agreement to vacate and pay mesne profits can lead to dismissal of eviction petitions without delving into merits.
The court affirmed the eviction of the tenant while allowing reasonable time to vacate and modifying mesne profits, emphasizing tenant obligations regarding timely payment and possession.
The court has the discretion to grant time to vacate premises and impose conditions, taking into account the parties' submissions and circumstances.
The court's decision was based on the petitioner's agreement to handover possession and pay mesne profit with specified conditions, as well as the dismissal of the writ petition.
The court upheld the conditions for eviction and payment of mesne profits, emphasizing compliance to avoid immediate eviction.
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