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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MS. JUSTICE REKHA BORANA, J
Ghanshyamdan – Appellant
Versus
Subhash Khatri – Respondent
Judgment :
1. The present second appeal has been preferred aggrieved of the judgment and decree dated 04.02.2025 passed by the Additional District Judge, Naukha, District Bikaner in Appeal Decree No.03/2024 (CIS No.03/2024) whereby the learned Court affirmed the judgment and decree dated 22.07.2024 (except the amount of mesne profit) passed by the Senior Civil Judge, Naukha, District Bikaner in Civil Original Suit No.32/2021 decreeing the suit for eviction, recovery of possession and mesne profit preferred by the respondent-plaintiff-landlord against the appellant-defendant-tenant. Learned Appellate Court modified the amount of mesne profit from Rs.22,000/- per month to Rs.20,000/- per month.
2. Learned counsel appearing for the appellant submitted that the defendant needs some reasonable time to vacate the shop in question. Learned counsel submitted that he has instructions not to press this appeal on merits but reasonable time may be granted to the appellant-tenant to vacate the suit shop and to handover the vacant possession of the same to the respondent-landlord. He however submits that the mesne profit as determined by the Courts below deserves modification for the reason that a
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 granted the tenant additional time to vacate the premises while imposing conditions for payment of mesne profits and prohibiting subletting.
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'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 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 upheld the tenant's right to continue possession until a specified date, contingent upon increased rent and compliance with conditions, reinforcing landlord's rights under eviction laws.
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