Guni Bai and Others vs Gotu Lal and Others

Dr. Vineet Kothari, J.—This second appeal filed by the defendants/tenants is arising out of the judgment and eviction decree dated 30.05.2015 by the learned Additional District Judge, Nathdwara in Civil First Appeal No. 27/2013 "Smt. Guni Bai & Ors. Vs. Gotu Lal & Ors." who dismissed the appeal filed by the defendants-tenants and affirmed the judgment and decree dated 19.09.2013 passed by the learned Civil Judge (Senior Division), Nathdwara in Civil Original Case No. 02/2004 "Gotu Lal S/o Nana Lal Vs. Smt. Guni Bai & Ors." by which, the learned Civil Judge (Senior Division) had decreed the suit filed by the plaintiff-landlord seeking eviction of the defendants-tenants from the suit shop situated at Mochi Bazar, Nathdwara, District Rajsamand by serving a notice dated 22.10.2003 terminating the tenancy with effect from 30.11.2003.

The present second appeal has been filed by the defendants-tenants in this Court on 31.08.2015 aggrieved against the concurrent grant of eviction decree against them by the two Courts below. It is noticed that notices in this appeal have not been issued so far but the learned counsel Mr. Manish Shishodia puts in appearance on behalf of plaintiff in caveat.

The learned Trial Court framed as many as ten issues arising out of the plaint and written statement of the parties; and after taking the evidence of the parties, the learned Trial Court had decreed the suit of plaintiff on 19.09.2013. The relevant portion of the findings and the final order made by the learned Trial Court while decreeing the suit of the plaintiff on 19.09.2013 is quoted herein below for ready reference:-

Being aggrieved by the judgment and decree dated 19.09.2013 passed by the learned Trial Court allowing the suit of the plaintiff-landlord, the defendants-tenants filed the first appeal before the First Appellate Court of learned Additional District Judge, Nathdwara (Rajsamand) namely, Civil First Appeal No. 27/2013 which was also dismissed on 30.05.2015, while affirming the impugned judgment and decree dated 19.09.2013 of the learned Trial Court. The relevant portion of the findings recorded and the final order made by the learned Additional District Judge is quoted herein below for ready reference:-

Having heard the learned counsels for the parties and upon perusal of the impugned judgments and decree passed by the two Courts below, the recent photographs of the site placed for perusal of the Court, this Court is satisfied that the findings recorded against the appellants-defendants by the two Courts below concurrently are perfectly justified and cannot be said to be perverse in any manner and the said orders passed by the two Courts below do not give rise to any substantial question of law in this second appeal and this second appeal of the appellants-defendants-Smt. Guni Bai W/o late Manak Lal Soni & Ors. deserves to be dismissed being devoid of any merit. The findings of facts arrived by both the Courts below are based on relevant and cogent evidence led by the parties before the Courts below. This Court finds no force in the present second appeal of the appellants-defendants-Smt. Guni Bai W/o late Manak Lal Soni & Ors. The tenancy/lease could be terminated by the lessor by the notice under Section 106 of the Transfer of Property Act without assigning any reason. There is no dispute that such valid notice was served upon the lessee.

Accordingly and in view of the above, the present second appeal filed by the appellants-defendants-Smt. Guni Bai W/o late Manak Lal Soni & Ors. is dismissed. No orders as to costs. A copy of this judgment be sent to both the Courts below and to both the parties concerned forthwith.

The appellants-defendants-tenants shall hand over the peaceful and vacant possession of the suit premises to the respondent-plaintiff-landlord within a period of one and half year, i.e., on or before 31.03.2017 and shall pay mesne profit @ Rs. 2,500/- per month (Rupees Two Thousand Five Hundred only) commencing from the month of September, 2015 and will further continue to pay the mesne profits each month by 15th day of the next succeeding month or in advance to the respondent-plaintiff till the vacant possession is handed over to the plaintiffs-landlord 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 amount shall bear interest @ 9% per annum. The defendants-tenants 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 and such third party will also be bound by this decree. The appellants-defendants shall furnish a written undertaking incorporating the aforesaid conditions in the Trial Court within three months 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 the mesne profits are not paid to the appellant-plaintiff-landlord within a period of one and half year, i.e., on or before 31.03.2017 from today, besides execution of the decree in normal course, the respondent-plaintiff-landlord shall also be entitled to invoke the contempt jurisdiction of this Court.