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ARUN BHANSALI
Rooplal Dharamchand – Appellant
Versus
Laxminarain Mandir Trust – Respondent
ORDER
1. After attempting to make submissions for sometime on the writ petition, learned counsel for the petitioner submits that the petitioner may be granted extra time for vacating the subject premises.
2. Heard learned counsel for the parties regarding grant of extra time to vacate the subject premises.
3. Learned counsel for the petitioner submitted that the premises is commercial premises and the petitioner is running a shop since long and may be granted time till December 2023 for vacating the premises.
4. Learned counsel for the respondent opposed the prayer for grant of time. It was submitted that the proceedings were filed in the year 2009 and a meagre rent of about Rs.20/- only was being paid. It was submitted that in case time is granted, then reasonable amount of mesne profit be directed to be paid.
5. Having regard to the facts and circumstance of the case, it appears appropriate to allow time to the petitioner to vacate the premises by 31st December, 2023 and allow mesne profit to the respondent until the petitioner vacates the premises @ Rs.1500/-per month from the month of April, 2023 till December, 2023.
6. In view of the above, the learned counsel for the petitioner see
The court upheld the conditions for eviction and payment of mesne profits, emphasizing compliance to avoid immediate eviction.
A tenant must comply with court orders regarding possession and payment of mesne profits, with specified conditions for vacating premises.
A tenant's agreement to vacate and pay mesne profits can lead to dismissal of eviction petitions without delving into merits.
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 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 upheld previous judgments and mandated the petitioner to vacate the premises and settle arrears, emphasizing compliance with the undertaking.
A party's willingness to comply with court orders regarding possession and rent payment can lead to a structured resolution without contesting 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.
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