Poonam Chand S/O Motilal Karnawat vs Gajanand S/O Rampal
2021 Latest Caselaw 1309 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                  S.B. Civil Second Appeal No. 8/2021

Poonam Chand S/o Motilal Karnawat, Aged About 83 Years,
Through Ms. Poonam Chand Prakash Chand Saraf 8/352 Naya
Bazaar Ajmer.
                                                        ----Defendant-Appellant
                                      Versus
1.       Gajanand S/o Rampal, Naya Bazaar Ajmer (Deceased)
1/1.     Smt. Bhagyawati W/o Late Shri Gajanand
1/2.     Chandshekar S/o Late Shri Gajanand
1/3.     Ravishekhar S/o Late Shri Gajanand
1/4.     Smt. Minakshi D/o Late Shri Gajanand
1/5.     Smt. Madhu Devi D/o Late Shri Gajanand,
         All R/o Care Of Ms. Laxman Das Pussawal Naya Bazar
         Ajmer.
                                                      ----Plaintiffs-Respondents

For Appellant(s) : Mr. Bihari Lal Agarwal, Mr. Akash Gupta along-with Mr. Anil Karnawat-

                                  son of appellant Poonam Chand
For Respondent(s)           :     Mr. Peyush Nag



         HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

                                   Judgment

08/02/2021

The defendant/appellant ('the appellant' for short) has preferred

the instant second appeal aggrieved by the impugned judgment and decree

dated 02.06.2006 passed by the Court of Civil Judge (Jr. Division) Nagar-

North, Ajmer ('the trial court' for short) in civil suit No. 51/83 (73/83) which

has been affirmed vide Judgment and Decree dated 25.11.2020 passed by

the Court of Addl. District & Sessions Judge No.1, Ajmer (Raj) ['the learned

first appellate court'] in civil appeal No. 51/2006, by which the suit of the

(2 of 3) [CSA-8/2021]

plaintiffs/respondents ('the respondents' for short) for eviction and recovery

of due rent has been decreed.

Learned counsel for the appellant upon instructions submits that the

appellant is not pressing the appeal on merits and craving that a reasonable

time may be granted to him to handover the vacant and peaceful

possession of the property in question.

Learned counsel for the respondents/plaintiffs (landlord) has very

candidly accepted the proposal of learned counsel for the appellant to allow

some time to the appellant for vacating the suit premises. After thorough

deliberations, learned counsel for the respondents/plaintiffs (landlord) has

agreed to allow a reasonable time to the appellant to vacate the premises

preferably within two years with the mesne profit as determined by the

learned courts below in its judgment and decree.

The aforesaid reasonable period to vacate the premises as well as

mesne profit as determined by the learned courts below in its judgment and

decree is accepted by learned counsel for the appellant without any

demure.

Accordingly, the present second appeal of the appellant is closed with

a direction to the appellant to submit an undertaking to the effect that he will

hand over the peaceful and vacant possession of the suit premises to the

respondents-landlord on or before 10/02/2023 with the following conditions:

(i) The appellant shall submit an undertaking and shall hand-over the vacant and peaceful possession of the suit property in dispute to the respondents/plaintiffs (landlord) on or before 10/02/2023 and shall not cause any damage to the rented property and shall maintain the same as it is. The respondents/plaintiffs (landlord) shall not execute the impugned decree till 10/02/2023.

(ii) The appellant shall pay the mesne profit as determined by the learned courts below in its judgment and decree. and will further continue to pay mesne profit every month by 15th day of the next succeeding month or in advance to

(3 of 3) [CSA-8/2021]

the respondents/plaintiffs (landlord) uptil vacant possession is handed over to the respondents/plaintiffs (landlord). The arrears of rent and mesne profit as determined by the Courts below, if not already paid, shall also be paid by the appellant within a period of three months from today and entire amount including the amount already deposited on this account will be disbursed to the respondents/plaintiffs (landlord).

(iii) The appellant shall further undertake that they would not sub-let, assign or part with the possession of the suit 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 else the same will be treated as void.

(iv) The appellant shall furnish a written undertaking incorporating the aforesaid conditions before the trial Court by 10/03/2021 and one copy thereof along with affidavit in this Court.

(v) The respondents/plaintiffs (landlord) will give the details of their bank account number in which the arrears of rent or mesne profit and regular mesne profit now to be paid, will be deposited within a period of three months from today.

(vi). It is made clear that in case, the appellant does not comply with any of the aforesaid conditions, then it will be open for the respondents/plaintiffs (landlord) to get the decree passed in their favour executed forthwith even before the aforesaid date i.e. 10/02/2023 and the respondents-landlord may also initiate contempt proceedings in this Court against the appellant. With the aforesaid terms, conditions and directions, the present

second appeal of the appellant is, accordingly, disposed of. No costs.

A copy of this judgment be sent to the parties concerned and

the learned Court below forthwith.

(GOVERDHAN BARDHAR),J

Sharma NK/73

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