Rajasthan High Court
Gulab Devi And Ors vs Ajit Kumar And Ors on 11 April, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 631/1998
1. Gulab Devi W/o Shri Sampat Ram Agarwal (Deleted)
2. Ramji Lal
3. Ram Kishore
4. Ram Avatar
2 to 4 sons of Shri Sampat Ram Agarwal, R/o Moti
Bhawan Power House Road, Jaipur.
----Appellants
Versus
1. Ajit Kumar S/o Shri Panchu Gopi Gupta (Deceased)
1/1 Dilip Kumar Gupta
R/o F 220-221, Vaishali Nagar, Jaipur
1/2 Salil Kumar Gupta
R/o 127A, Narayan Bhawan, Shri Ram Nagar-B, Jhotwara,
Jaipur
1/3 Subhrojit Gupta
1/4 Pranav Kumar Gupta
Both R/o Moti Bhawan, Power House Road, Jaipur.
2. Deepak Gupta S/o Shri Sujit Kumar Gupta,
3. Bhaskar Gupta S/o Shri Sujit Kumar Gupta,
4. Amit Kumar S/o Shri Panchu Gopal Gupta,
All R/o Moti Bawan, Power House Road, Jaipur.
5. M/s Ruchira Property Pvt. Ltd. Through Its Director Prem
Surana S/o Late Shri Nirmal Kumar Surana, Near Hotel
Meenaxi Palace, DRM Office, Power House Road, Jaipur.
----Respondents
For Appellant(s) : Mr. N.K. Maloo, Sr. Advocate with
Mr. V.K. Tamoliya, Mr. Vishnu Bohra &
Mr. Ajit Maloo
Shri Ram Kishore, petitioner present
in person
For Respondent(s) : None present
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment
11/04/2022
(2 of 4) [CSA-631/1998]
The present second appeal arises out of a civil suit for
eviction instituted way back on 22.11.1983, alleging the second
default in payment of rent from March, 1983 to November, 1983
invoking the provisions of Section 13(1) of the Rajasthan Premises
(Control of Rent and Eviction) Act, 1950 (hereinafter referred to as
the "Act of 1950").
The rented premise is an open land measuring 22 X 18 ft.,
situated at Power House Road, Jaipur which was said to be let out
in the year 1955 for a period of three years at the rate of Rs.8/-
per month. Although, appellant-defendant claims his tenancy prior
to 1950. It is clear from the record that the present eviction suit
was filed on the ground of second default. Earlier, an eviction suit
No.388/1968 was filed wherein appellant-tenant was declared first
defaulter however, benefit of first default was accorded to him by
virtue of Section 13(4) of the Act of 1950 vide judgment dated
21.08.1970. Later on, another eviction suit on the ground of
default was again instituted being Civil Suit No.168/1980, decided
on 21.09.1982 wherein the benefit of Section 13(A) of the Act of
1950 was accorded to the tenant. Now this is third round of
litigation in relation to the alleged rented premises on the ground
of second default. Both courts below have recorded a fact finding
that the appellant-tenant has committed second default in
payment of rent and his rent deposited under Section 19-A of the
Act of 1950 before the court was found invalid.
After arguing the second appeal on merits for some time, on
the substantial question of law framed by this Court, counsel for
appellant on instructions of appellant-tenant, who is present in
person, submits that in case some reasonable time is granted to
(3 of 4) [CSA-631/1998]
vacate the rented premise, appellant is desirous not to pursue the
second appeal on merits and agreeable to withdraw the same.
Since the tenancy of appellant in the rented premise is more
than 50 years old, this Court deems it just and proper to grant
some reasonable time to vacate and hand over the peaceful
possession of the rented premise to respondent-landlord.
No one has appeared on behalf of respondent-landlord.
In view of above, while maintaining the decree for eviction
passed against the appellant, this second appeal is disposed of in
following terms:-
"(i) The appellant-tenant is allowed to continue in
possession of rented land upto 30.04.2024,
subject to condition that he shall vacate and
hand over possession of rented land to the
landlord on or before 30.04.2024.
(ii) The appellant-tenant would continue to pay
rent as mesne profits as being paid by appellant
from April, 2022 onwards until vacation and
handing over possession of rented land to the
respondent-landlord.
(iii) The appellant-tenant shall not alienate or
otherwise create any third party right or hand
over possession of rented land 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
(4 of 4) [CSA-631/1998]
weeks, from the date of this order with an
advance copy to the landlord."
In case the tenant fails to submit the undertaking as
aforesaid, and/or breach the conditions of this order, the landlord
shall be entitled to initiate immediate execution of judgment and
decree to obtain possession of land in issue forthwith in
accordance with law and may also initiate proceedings of
contempt for breach of undertaking.
Stay application as well as any other pending application(s),
if any, also stand(s) disposed of.
(SUDESH BANSAL),J
SAURABH/80
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