BALVINDER SINGH Vs. HIMMAT LAL

JUDGEMENT

(1.) HEARD learned counsels for the parties for final disposal at this stage of admission by their consent.

(2.) THE defendant-appellant (tenant), Balvinder Singh S/o late Sardar Surjeet Singh, has filed the present second appeal being aggrieved by the concurrent eviction decree granted by the two courts below in favour of plaintiff- respondent, Himmat Lal, who is now represented by his legal representatives. The learned trial court of Civil Judge (Jr. Division), City South, Udaipur in Civil Suit No.352/1995- Himmat Lal Vs. Balvinder Singh, decreed the suit filed on 11.03.2004 in respect of suit land (open piece of land, measuring 70'x 80') situated at Shivaji Nagar, Udaipur, on the ground of personal and bonafide necessity of plaintiff-landlord for construing house for residence of his two younger sons and starting business for his two sons. The defendant-tenant who is doing the business of selling building materials on the suit land in question. The rent originally fixed was Rs.350/- per month.

(3.) THEREFORE, in the considered opinion of this Court, no substantial question of law arises in the present second appeal and the second appeal of the appellant-defendant is found to be devoid of any force and merit and, the same is accordingly, dismissed with no order as to costs. 9. The appellant-defendant-tenant shall hand over the peaceful and vacant possession of the suit property to the respondents-plaintiffs (landlord) within a period of six months from today and shall pay mesne profit @ Rs.1500/- per month commencing from August, 2012 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- plaintiffs till the vacant possession is handed over to the plaintiff and in case there is any default in payment of mesne profit, the period of six months for eviction shall stand reduced and the decree of eviction would become executable forthwith. The appellant-tenant shall also clear all the arrears of the mesne profit within three months from today, otherwise the same will carry interest @ 9% p.a.. The defendant-tenant, shall also 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 the same would be treated as void. The appellant-defendant shall furnish a written undertaking incorporating the aforesaid conditions in the trial court within one month and one copy thereof along with affidavit, in this Court. It is made clear that if the peaceful and vacant possession of the suit shop is not handed over or mesne profits are not paid to the respondents-plaintiffs/landlord within a period of six months from today, besides execution of the decree in normal course, the respondents-plaintiffs shall also be entitled to invoke the contempt jurisdiction of this Court. A copy of this judgment be sent to the opposite party and learned courts below forthwith.