Baldev Kumar @ Balram Darji vs Tarsemlal
2021 Latest Caselaw 17629 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

....

S.B. Civil Second Appeal No. 102/2021

Baldev Kumar @ Balram Darji S/o Kesraram Chhimpa, Aged about 78 years, R/o Shop No 23, Purani Dhanmandi, Raisinghnagar Shop No 12, Raisinghnagar, District Srigangangar (Raj.)

----Appellant/Defendant Versus

1. Tarsemlal S/o Kundan Lal Agrawal

2. Kumar Gaurav S/o Tarsem Lal Agrawal, Both are Residents of Mandi Raisinghnagar, District Sriganganagar

----Respondents/Plaintiffs

For Appellant(s) : Mr. Hemant Jain.

Mr. Mahipal Singh.

For Respondent(s) : Mr. R.K. Puri (Caveator).

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

24/11/2021

1. Instant second appeal has been filed by the appellant-tenant

against the judgment dated 13.09.2021 passed by the learned

Additional District Judge, Raisinghnagar, District Sriganganagar in

Regular Civil Appeal No. 03/2015 (CIS No.04/2015) whereby, the

appeal filed by the appellant has been dismissed and the

judgment and decree dated 20.01.2015 passed by the learned

Civil Judge, Raisinghnagar in Civil Original Suit No. 47/2003

whereby, the suit filed by the respondents/plaintiffs for eviction

had been decreed, the judgment and decree of the Trial Court had

been affirmed.

(2 of 3) [CSA-102/2021]

2. After arguing for some time, Mr. Hemant Jain, learned

counsel appearing on behalf of the appellant-tenant, on

instructions from his client, submits that the appellant-tenant shall

vacate the disputed premises on or before 31st May, 2022.

3. Mr. R.K. Puri, learned counsel appearing on behalf of the

respondents-landlord in caveat, on instructions from their clients,

agreed to the proposal of the learned counsel for the appellant-

tenant.

4. In view of the consent of the learned counsel for the parties,

the second appeal is disposed of with the following directions:-

(I) The appellant-tenant shall be entitled to continue in

occupation of the disputed premises till 31.05.2022 with a

condition that he would hand over the vacant possession

of the disputed premises to the respondents-landlord on

or before 31.05.2022;

(ii) The appellant-tenant shall pay arrears of rent, if any, up

to 30.11.2021, within a period of three months from

today;

(iii) The appellant-tenant shall pay to the respondents-

landlord Rent at the rate of Rs.500/- (Rupees Five

Hundred only) per month on or before 10 th of each

month;

(iv) The appellant-tenant shall not alienate or otherwise

create third party right, or hand over possession of the

disputed premises to any other person;

(vi) Further, the appellant-tenant shall submit an undertaking

incorporating the aforesaid conditions before the Trial

Court, Raisinghnagar, District Sriganganagar within a

period of thirty days, from the date of this order.

                                                                                (3 of 3)              [CSA-102/2021]



                                   (vii)      The plaintiffs shall furnish the complete details of the

bank account to the defendant, within a period of two

weeks, from today.

In case of appellant-tenant fails to submit the undertaking as

directed by this Court within a period of thirty days from today, or

breaches the conditions of this order, the respondents-landlord

shall be entitled to the immediate execution of the judgment and

decree dated 20.01.2015 and obtain possession of the disputed

premises forthwith in accordance with law.

(DEVENDRA KACHHAWAHA),J 20-Mohan/-

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