Shyam Sunder vs Gauridevi Trust
2021 Latest Caselaw 9018 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 64/2019 Shyam Sunder S/o Shri Gangavishan Ji, Aged About 64 Years, R/o Chandaroon, Tehsil Degana ,district Nagaur.

----Appellant Versus Gauridevi Trust, 21 Strand Calcutta Through Kaushlendra Kumar S/o Shri Manak Chand Nagauri, R/o Deedwana, Tehsil Deedwana, District Nagaur.

----Respondent

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 appellant submits that the

appellant 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 appellant submitted that the

premises are residential-cum-commercial premises and the

appellant is running shop 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 2005 and a meagre rent of about Rs.350/- only was

being paid and that also is in arrears. It was submitted that in

(2 of 3) [CSA-64/2019]

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 appellant to vacate the

premises by 30th June, 2022 and allow mesne profit to the

respondent until the appellant vacate the premises @ Rs.500/- per

month from 01.05.2021 till 30.06.2022.

In view of the above, the learned counsel for the appellant

seeks withdrawal of the second appeal and the same is, therefore,

dismissed as withdrawn. The stay application is also dismissed.

However, the appellant is 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 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 appellant 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.500/- 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

(3 of 3) [CSA-64/2019]

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 appellant 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 170-pradeep/-

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