HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 53/2019
1. Bhagwati Prasad S/o Ghanshya Das, Aged About 61 Years, Resident Of Chandaroon, Tehsil Degana, District Nagaur.
2. Chandra Prabha D/o Ghanshyam Das, Aged About 71 Years, W/o Shri Hari Narayan, R/o Dangawas, Tehsil Merta, District Nagaur.
3. Kaushlaiya D/o Ghanshyam Das, Aged About 69 Years, Shri Raja Ram, R/o Riya Badi, Tehsil Riya Badi, District Nagaur.
----Appellants Versus
1. Gauridevi Trust, 21 Strand Calcutta Through Kaushlendra Kumar S/o Shri Manak Chand Nagauri, Resident Of Deedwana, Tehsil Deedwana, District Nagaur.
2. Suraj Narayan S/o Shri Ghanshyam Das, Resident Of Chandaroon, Tehsil Degana, District Nagaur.
3. Raj Gopal S/o Shri Ghanshyam Das, Resident Of Chandaroon, Tehsil Degana, District Nagaur.
4. Satya Narayan S/o Shri Ghanshyam Das, Resident Of Chandaroon, Tehsil Degana, District Nagaur.
5. Ram Kishore S/o Shri Ghanshyam Das, Resident Of Chandaroon, Tehsil Degana, District Nagaur.
6. Bhagwati Devi D/o Shri Ghanshyam Das, Resident Of Chandaroon, Tehsil Degana, District Nagaur.
----Respondents For Appellant(s) : Mr. Vishal Sharma.
For Respondent(s) : Mr. Vinay Jain.
Mr. Darshan Jain.
HON'BLE MR. JUSTICE ARUN BHANSALI
Judgment
07/04/2021
After attempting to make submissions for sometime on the appeal, learned counsel for the appellants submits that the (Downloaded on 07/04/2021 at 08:50:12 PM) (2 of 3) [CSA-53/2019] appellants may be granted extra time for vacating the subject premises.
Heard learned counsel for the parties regarding grant of extra time to vacate the subject premises.
Learned counsel for the appellants submitted that the premises are residential-cum-commercial premises and the appellants are running shops since long and may be granted time till December, 2022 for vacating the premises.
Learned counsel for the respondent opposed the prayer for grant of time. It was submitted that the proceedings were filed in the year 2006 and a meagre rent of about Rs.530/- only was being paid and that also is in arrears. It was submitted that in case time is granted, then reasonable amount of mesne profit be directed to be paid.
Having regard to the facts and circumstance of the case, it appears appropriate to allow time to the appellants to vacate the premises by 30th June, 2022 and allow mesne profit to the respondent until the appellants vacate the premises @ Rs.750/- per month from 01.05.2021 till 30.06.2022.
In view of the above, the learned counsel for the appellants seeks withdrawal of the second appeal and the same is, therefore, dismissed as withdrawn. The stay application is also dismissed. However, the appellants are granted time to vacate the subject premises by 30.06.2022 on the following conditions:-
(i) the appellant shall submit an undertaking supported by affidavit before the trial court within 3 weeks from today to the effect that on or before 30 th June, 2022, they shall handover the peaceful and vacant possession (Downloaded on 07/04/2021 at 08:50:12 PM) (3 of 3) [CSA-53/2019] of the suit premises to the respondent - Trust. They shall also undertake not to cause any damage to the suit premises nor to make any alternation and not to assign/sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance.
(ii) the appellants shall deposit the arrears of the rent/mesne profit, if any, of the decreetal amount within a period of three months and shall further pay the amount for use and occupation of the suit premises @ Rs.750/- per month w.e.f. 01st May, 2021, to the respondent - Trust or deposit the same in the saving bank account of the respondent month by month on or before 15th day of the next month. The respondent or learned counsel for the respondent will give the details of the bank account, in which, the arrears of rent or mesne profit/month to month mesne profit will be deposited, to the appellants or counsel for the appellants within a period of two weeks from today.
(iii) it is made clear that in case the appellants do not comply with any of the aforesaid conditions or violate any terms of the undertaking, then it will be open for the respondent - Trust to get the decree executed forthwith in accordance with law.
No order as to costs.
(ARUN BHANSALI),J 166-pradeep/-(Downloaded on 07/04/2021 at 08:50:12 PM)
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