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2012 DIGILAW 1343 (RAJ)

Jeevan Ram v. Gokul Chand

2012-05-22

VINEET KOTHARI

body2012
JUDGMENT 1. - This second appeal filed under Section 100 CPC by the defendant is directed against the judgment and decree dated 19.08.2010 in Civil Appeal No.02/2009 passed by learned Additional District Judge, Bhadra, District Hanumangarh, whereby he dismissed the appeal and upheld the judgment and decree dated 03.08.2009 passed by the learned Civil Judge (Sr. Division), Bhadra in Civil Original Suit No.26/2004-Gokul Chand v. Jeevan Ram , whereby he decreed the suit filed by the plaintiff - respondents for eviction and recovery of arrears of rent in respect of such premises. 2. The eviction decree has been passed on the ground that the respondent-landlord determined the tenancy of the defendant tenant by serving the notice under Section 106 of the Transfer of Property Act and the alleged defence of conditional sale in favour of defendant has not been believed by the courts below and even this Court in other litigation by way of writ petitions filed by the appellant tenant. 3. Having heard the learned Counsels and upon perusal of the impugned judgments, this Court finds no substantial question of law to be arising in the matter as finding of courts below are findings of facts based on cogent and relevant evidence. The defendant already has had a long legal battle but has lost in all such forums. The appeal is thus, found to be devoid of any merit and the same is accordingly dismissed. No order as to costs. 4. The appellant-tenant shall hand over the peaceful & vacant possession of the suit premises to the plaintiff-respondent within a period of six months from today and shall pay mesne profit @ Rs. 2,000/- per month from May 2012 before 15th of next month either to respondent-landlord directly or in their Bank account, details of which may be supplied by the respondent till vacant possession is handed over. It is made clear that in case, the appellant-tenant does not hand over the peaceful and vacant possession of the suit premises within a period of six months from today or does not pay the mesne profit as directed by this Court, then it will be open for the respondent landlord to get the decree passed in his favour executed and to initiate contempt proceedings in this Court. Copy of this order be sent to the opposite side and trial court forthwith.Appeal dismissed. *******