Nathu Lal vs Bhagwati Prasad
2022 Latest Caselaw 3038 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

             S.B. Civil Second Appeal No. 190/2001
Nathu Lal Phagiwale S/o Shri Kesar Lal, r/o House No.392,
Chowkari Vishaveshwarji, Rasta Hanumanji, Jaipur.
                                                      ----Appellant-Defendant
                                    Versus
1. Bhagwati Prasad
2. Ambika Prasad
Both being sons of Shri Badri Narain Kedia R/o Chowkari
Vishveshwarji, Rasta Gopalji, Haveli Kediayan, Jaipur.
3. Smt. Dhapa Bai widow of Shri Badri Narain Kedia, R/o
Chowkari Vishveshwarji, Rasta Gopalji, Haveli Kediayan, Jaipur.
                                                     ----Respondent-Plaintiffs

For Appellant(s)          :    Mr. Alok Garg
For Respondent(s)         :    Mr. R.K. Agrawal, Sr. Advocate
                               assisted by Mr. Mamoon Khalid


           HON'BLE MR. JUSTICE SUDESH BANSAL
                          Order

11/04/2022

This second appeal has been filed by the appellant-

defendant (hereafter 'defendant') assailing the judgment dated

30.01.2001 passed by Additional District Judge NO.7, Jaipur City,

Jaipur in Civil Regular Appeal No.48/2000 filed by defendant and

partly allowing the appeal No. 51/1999 preferred by plaintiff-

landlord whereby the judgment and decree dated 07.04.1999

passed in civil suit No.482/1973 by Additional Civil Judge No.1

Jaipur City, Jaipur has been partly modified, maintaining the

eviction decree of defendant. The civil suit was filed on the

ground of bona fide and personal necessity wherein the eviction

decree has been passed against defendant.

(2 of 3) [CSA-190/2001]

This second appeal is pending before this Court since 2001

for hearing on the issue of partly eviction and on some

subsequent events. The counsel for defendant argued at some

length, however, during course of arguments, learned counsel on

instructions of his client, who is present in person, submitted that

in case some reasonable time is granted to vacate and hand over

the possession of rented shop to landlord, defendant-tenant is

agreeable not to press the second appeal on merits.

Learned counsel for respondents-landlords, on instructions

of his clients has no objections to the prayer of defendant, if the

judgments dated 30.01.2001 and 07.04.1999 and decree for

eviction are upheld and some reasonable time is granted to

appellant-tenant to vacate the rented shop.

In view of above, with the consent of learned counsel for

both parties, on instruction of their respective parties, this second

appeal is disposed of in following terms:-

i) The appellant-tenant is allowed to continue in possession of rented shop upto 31.04.2024, subject to condition that he shall vacate and hand over possession of rented shop to landlords on or before 31.04.2024.

ii) The appellant-tenant would continue to pay mesne profits at the rate of 2,000/-per month from April, 2022 onwards until vacation and handing over possession of rented shop to the respondent-landlords.

iii) The appellant-tenant shall not alienate or otherwise create third party right or hand over possession of rented premises in question to any other person.

iv) That appellant-tenant shall furnish an undertaking incorporating aforesaid conditions, before the trial court within a period of four weeks, from the date of this order with an advance copy to landlords.

(3 of 3) [CSA-190/2001]

In case the tenant fails to submit the undertaking, as

aforesaid, and/or breach the conditions of this order, landlords

shall be entitled to initiate immediate execution of judgment and

decree to obtain possession of premises in issue forthwith, in

accordance with law, and may also initiate proceedings of

contempt for breach of undertaking.

Stay application and any other pending application(s), if

any, stand(s) disposed of.

(SUDESH BANSAL),J

TN/60

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