[2023:RJ-JD:35698] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 75/2023
1. Neki W/o Shri Dwarkadas, Aged About 75 Years, Resident Of Sunaron Ka Mohalla, Bikaner.
2. Chhoti W/o Shri Madan Lal Soni, Aged About 68 Years, Resident Of Sunaron Ka Mohalla, Bikaner.
3. Surja W/o Shri Shyam Soni, Aged About 63 Years, Resident Of Sunaron Ka Mohalla, Bikaner.
4. Dhanni Devi W/o Shri Shyam Soni, Aged About 58 Years, Resident Of Sunaron Ka Mohalla, Bikaner.
5. Harikishan S/o Shri Poonamchand Soni, Aged About 54 Years, Resident Of Kochron Ka Mohalla, Bikaner.
6. Vishnu S/o Shri Poonamchand Soni, Aged About 52 Years, Resident Of Kochron Ka Mohalla, Bikaner.
7. Champa Devi D/o Shri Poonamchand Soni, Aged About 45 Years, Resident Of Kochron Ka Mohalla, Bikaner.
----Appellants Versus
1. Geeta Devi W/o Shri Shankar Lal Soni, Resident Of Sunaron Ka Mohalla, Bikaner.
2. Suman D/o Shri Shankar Lal, Resident Of Sunaron Ka Mohalla, Bikaner.
3. Sarita D/o Shri Shankar Lal, Resident Of Sunaron Ka Mohalla, Bikaner.
4. Anand S/o Shri Shankar Lal, Resident Of Sunaron Ka Mohalla, Bikaner.
----Respondents
For Appellant(s) : Mr. Rakesh Arora
For Respondent(s) : Mr. Anil Gupta & Mr. Dinesh Chandra
Mali for Mr. Shreekant Verma
(Downloaded on 12/11/2023 at 07:53:27 AM)
[2023:RJ-JD:35698] (2 of 4) [CSA-75/2023]
HON'BLE MS. JUSTICE REKHA BORANA
Judgment
18/10/2023
1. The appellants-tenants have preferred the present second appeal being aggrieved of the judgment and decree dated 02.02.2023 passed by the learned Additional District Judge No.4, Bikaner in Civil Appeal Decree No.44/2016(CIS No.16/2016) whereby the judgment and decree dated 28.11.2015 passed by the Additional Civil Judge No.2, Bikaner in Civil Original Suit No.461/2001 (NCV No.1727/2014) decreeing the suit preferred by the respondents-plaintiffs seeking eviction of the appellants- defendants from the suit property has been affirmed.
2. Learned counsel appearing for the appellants-defendants- tenants submitted that the defendants are using the residential premise in question since last 47 years and therefore, need some reasonable time to vacate the said premise in question. Learned counsel submitted that he has instructions not to press this appeal on merits but reasonable time may be granted to the appellants- tenants to vacate the said premise and to handover the vacant possession of the same to the respondents-landlord.
3. Learned counsel for the respondents-landlord, on instructions, does not oppose the submissions as made by learned counsel appearing for the appellants-defendants.
4. Having heard learned counsel for the parties and having perused the judgment and decree of the Courts below, the prayer made by learned counsel for the appellants- defendants-tenants seems to be reasonable and deserves to be granted as the appeal is not being pressed on merits. (Downloaded on 12/11/2023 at 07:53:27 AM) [2023:RJ-JD:35698] (3 of 4) [CSA-75/2023]
5. Accordingly, it is directed as under:
i. The appellants-defendants-tenants shall handover the peaceful and vacant possession of the said premise to the respondents-plaintiffs-landlord on or before 31.12.2024; ii. The appellants-defendants-tenants shall continue to pay mesne profit at the rate of Rs.700/- per month (w.e.f. 01.11.2023) by 15th day of the next succeeding month or in advance to the respondents-plaintiffs-landlord and in case there is any default in payment of mesne profit, the aforesaid period for eviction shall stand reduced and the decree of eviction would become executable forthwith; iii. The appellants-defendants-tenants shall clear all the arrears of rent (@Rs.360/- per month) and mesne profit as decreed by the first appellate Court, if any, and pay the same to the respondents-plaintiffs-landlord within three months from today, if not paid till date, otherwise the same shall bear interest @9% per annum.The amount already deposited/paid shall be adjusted from the said amount.
iv. The appellants-defendants-tenants shall not sublet, assign or part with the possession of the said premise or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period and if it is so done, the same would be treated as void. v. The appellants-defendants-tenants shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court within two months and one copy thereof along with affidavit, in this Court.
(Downloaded on 12/11/2023 at 07:53:27 AM)
[2023:RJ-JD:35698] (4 of 4) [CSA-75/2023]
6. It is made clear that if the peaceful and vacant possession of the suit premises is not handed over to the respondents-plaintiffs on or before 31.12.2024, or mesne profits are not paid as directed above, besides the expeditious execution of the decree in normal course, the respondents-plaintiffs-landlord shall also be entitled to invoke the contempt jurisdiction of this Court.
7. With the aforesaid directions, the present second appeal of the appellants-defendants-tenants stands disposed of.
8. The stay application and all pending applications stand disposed of.
(REKHA BORANA),J 39-Vij/-
(Downloaded on 12/11/2023 at 07:53:27 AM)
Powered by TCPDF (www.tcpdf.org)