Ratan Kanwar vs Lrs Of Gangaram
2021 Latest Caselaw 1071 Raj

Citation : 2021 Latest Caselaw 1071 Raj
Judgement Date : 14 January, 2021

Rajasthan High Court - Jodhpur

Ratan Kanwar vs Lrs Of Gangaram on 14 January, 2021

Bench: Arun Bhansali

(1 of 3) [CFA-341/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 341/2020

1. Ratan Kanwar W/o Late Sh. Mahendra Singh Ranawat, Aged About 69 Years, R/o Shahpura , Distt. Bhilwara

2. Ajay Singh S/o Late Sh. Mahendra Singh Ranawat, Aged About 46 Years, R/o Shahpura , Distt. Bhilwara

3. Jabbar Singh S/o Late Sh. Mahendra Singh Ranawat, Aged About 37 Years, R/o Shahpura , Distt. Bhilwara

4. Kuldeep Singh S/o Late Sh. Mahendra Singh Ranawat, Aged About 35 Years, R/o Shahpura , Distt. Bhilwara

----Appellants Versus

1. Lrs Of Gangaram, S/o Late Shri Ramnarayan, R/o Khatik Mohalla , Shahpura , Distt. Bhilwara (Deceased) Through Leagl Heirs.

1/1. Smt. Shanti Devi W/o Late Shri Gangaram Khatik, R/o Shahpura , Distt. Bhilwara 1/2. Smt. Manju D/o Late Shri Gangaram Khatik, R/o Shahpura , Distt. Bhilwara 1/3. Shivram S/o Late Shri Gangaram Khatik, R/o Shahpura , Distt. Bhilwara 1/4. Dharmchand S/o Late Shri Gangaram Khatik, R/o Shahpura , Distt. Bhilwara 1/5. Amarchand S/o Late Shri Gangaram Khatik, R/o Shahpura , Distt. Bhilwara 1/6. Pinki D/o Late Shri Gangaram Khatik, R/o Shahpura , Distt. Bhilwara 1/7. Ramkishan S/o Late Shri Gangaram Khatik, R/o Shahpura , Distt. Bhilwara

----Respondents

For Appellant(s) : Mr. Rakesh Arora. For Respondent(s) : Mr. Gajender Singh Rathore Mr. Pradeep Parihar.



           HON'BLE MR. JUSTICE ARUN BHANSALI

                                Judgment


                                              (2 of 3)                    [CFA-341/2020]

14/01/2021

After attempting to make submissions for sometime on the

appeal, learned counsel for the appellants submits that the

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 commercial premises and the appellants are running

shop since long and may be granted extra time for vacating the

premises.

Learned counsel for the respondents opposed the prayer for

grant of time. It was submitted that the proceedings were filed in

the year 2013 and a meager rent of Rs.150/- at the time of filing

of the suit was being paid and that also is in arrears.

Having regard to the facts and circumstance of the case, it

appears appropriate to allow time to the appellants to vacate the

premises by 31st December, 2021 and allow mesne profit to the

respondents until the appellants vacate the premises @

Rs.3,000/- per month at the same rate decreed by the trial court

till 31.12.2021.

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

seek withdrawal of the first 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 31st December, 2021 on the following conditions:-

(i) the appellants shall submit an undertaking supported by affidavit before the trial court within 3 weeks from

today to the effect that on or before 31 st December,

(3 of 3) [CFA-341/2020]

2021, they shall handover the peaceful and vacant possession of the suit premises to the plaintiff- respondent. 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 and of the decreetal amount within a period of two months and shall further pay the amount for use and occupation of the suit premises at the rate

decreed by the trial court w.e.f. 01st January, 2021, to the respondents-landlord or deposit the same in the saving bank account of the respondents month by

month on or before 15th day of the next month. The respondent or learned counsel for the respondents 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 respondents-landlord to get the decree executed forthwith in accordance with law.