[2023:RJ-JP:22501]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 235/2023
Lalaram Saini Son Of Gyarsilal Saini, Aged About 60 Years,
Resident Of Malpura, Bandikui, Tehsil Baswa, District Dausa
(Raj.)
----Appellant/Defendant
Versus
1. Rishi Jain Son Of Late Shri Santosh Kumar Jain, Resident
Of Jain Bungalow, Station Road, Opposite Nagarpalika
Office, Bandikui, Tehsil Baswa, District Dausa (Raj.).
Presently Resident Of 16, Radhikapuram, Jagatpura,
Jaipur (Raj.)
2. Suresh Kumar Jain Son Of Shri Kapoorchand Jain,
Resident Of A-3/63, Sector No. 3, Rohni Avintaka, (North-
West), Delhi.
3. Ashok Kumar Jain Son Of Kapoorchand Jain, Resident Of
L-117/l/11, Naveen Nagar, Kakadev, Kanpur (U.p.)
----Respondents
For Appellant(s) : Mr. Shiv Shanker Choudhary For Respondent(s) : Mr. Abhi Goyal HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 13/09/2023 Learned counsel appearing for the appellant, on instructions, does not press the second appeal on merits and prays for a reasonable time (upto 31.03.2025) to vacate the premises.
Learned counsel appearing for the respondents has no objection to the prayer made; however, he submits that the appellant may be granted time subject to payment of a sum of Rs.4,500/- per month by way of mesne profit.
This is not objected by the learned counsel for the appellant. (Downloaded on 11/11/2023 at 08:00:21 PM)
[2023:RJ-JP:22501] (2 of 2) [CSA-235/2023] In the aforesaid circumstance, the second appeal is dismissed as not pressed. The appellant is granted time upto 31.03.2025 to hand over vacant and peaceful possession of the rented premises to the respondents subject to following conditions:-
1. The entire arrears of rent/mesne profit till date, shall be deposited by the appellant in the bank account of respondents within a period of twelve weeks from the date of the order.
2. The appellant shall pay a sum of ₹4.500/- per month towards mesne profit to the respondents from 01.10.2023 till vacation of the rented premises i.e. on or before 31.03.2025, which may be deposited by him in the bank account of the respondents by 10 th day of each succeeding month.
3. The appellant further undertakes that he shall not sub-let, assign or part with possession of rented premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period.
4. The appellant shall furnish a written undertaking incorporating aforesaid conditions before the learned trial Court within a period of four weeks from today.
It is made clear that in case, appellant does not comply with any of aforesaid conditions, the learned trial Court shall ensure his eviction without requiring respondents to file a separate execution petition even before aforesaid date and it will also be open for respondents to initiate contempt proceedings in this Court.
The stay application also stands disposed of.
(MAHENDAR KUMAR GOYAL),J Sudha/148 (Downloaded on 11/11/2023 at 08:00:21 PM) Powered by TCPDF (www.tcpdf.org)