Rajasthan High Court
Kalu Ram And Others vs Anoop Chand And Others on 21 April, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 387/2012
1. Kaluram S/o Shri Bhanwar Lal Deceased Through His
Legal Representative
1/1. Smt. Ratan Bai W/o Late Kaluram Deceased
1/2. Nirmal Kumar S/o Late Kaluram Deceased Through Legal
Representative
1/2/1. Pushpa Devi W/o Late Nirmal Kumar, Chokdi Top Khana
Huzuri, Jeen Mata Ka Khurra, Dhundia Bhawan, Jaipur
1/2/2. Trilok Chand S/o Late Nirmal Kumar, Chokdi Top Khana
Huzuri, Jeen Mata Ka Khurra, Dhundia Bhawan, Jaipur
1/2/3. Nirmala W/o Ratan Lal Badjatya D/o Late Nirmal Kumar,
Village Lawan, Teh. And Distt. Dausa
1/3. Pawan Kumar Jain S/o Late Kaluram, Chokdi Top Khana
Huzuri, Jeen Mata Ka Khurra, Dhundia Bhawan, Jaipur
1/4. Santosh Jain S/o Late Kaluram, Chokdi Top Khana Huzuri,
Jeen Mata Ka Khurra, Dhundia Bhawan, Jaipur
1/5. Aneesh Jain S/o Late Kaluram, Chokdi Top Khana Huzuri,
Jeen Mata Ka Khurra, Dhundia Bhawan, Jaipur
----Appellants
Versus
1. Anoop Chand S/o Shri Anand Lal Jain, Godho Ka Chowk,
Rasta Haldiyana, Jaipur Deceased
1/1. Sardar Devi W/o Late Anoop Chand Ji Jain, Godho Ka
Chowk, Rasta Haldiyana, Jaipur
1/2. Suresh Kumar S/o Late Anoop Chand Ji Jain, Godho Ka
Chowk, Rasta Haldiyana, Jaipur
1/3. Narendra Kumar S/o Late Anoop Chand Ji Jain, Godho Ka
Chowk, Rasta Haldiyana, Jaipur
1/4. Anil Kumar S/o Late Anoop Chand Ji Jain, Godho Ka
Chowk, Rasta Haldiyana, Jaipur
1/5. Sunil Kumar S/o Late Anoop Chand Ji Jain, Godho Ka
Chowk, Rasta Haldiyana, Jaipur
1/6. Smt. Raj W/o Babulal Bairwa, Mahadev Ki Pipli, Moti
Singh Bhomiyon Ka Rasta, Jaipur
1/7. Smt. Ratam Devi W/o Mahendra Kumar Jain, Tyagi Vatika
Ke Pass, Bikaner, Raj.
----Respondents
For Appellant(s) : Mr. Sunil Kumar Jain with
Ms. Shobha Sharma &
Mr. Gajendra Singh
For Respondent(s) :
(2 of 3) [CSA-387/2012]
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
21/04/2022
1. The rented premise is said to be in tenancy of appellants
since 17.11.1953. Appellants have been found defaulter in
payment of rent for a period of 01.05.1980 to 30.04.1983 and
further has suffered from a decree for eviction on the ground of
bonafide and personal necessity. Eviction suit was led in the year
1983.
2. During course of arguments of second appeal on merits, this
Court asked counsel for appellants to seek instructions for some
time to vacate the rented premise looking to the old tenancy. One
of appellant No.1/5 Anees Jain is present in person and appellant
No.1/5 on behalf of all appellants has instructed counsel that in
case, some reasonable time to vacate the rented premise is
granted, appellants would not press the second appeal on merits.
3. No one has appeared on behalf of respondent-landlord. On
last date also no one has appeared for respondents.
4. Considering the old tenancy of appellants in rented premises,
this Court deems it just and proper to grant two years time to
appellants to vacate and handover the possession of rented
premise to respondent-landlord. In several other second appeals
on similar nature, this Court has already granted two years time
to other tenants. There is no reason to give appellants a different
treatment.
5. In view of above, while maintaining the decree for eviction
passed in favour of respondent-landlord this second appeal is
disposed of as under:-
(3 of 3) [CSA-387/2012]
(i) The appellants-tenants are allowed to continue in
possession of rented shop upto 30.04.2024, subject to
condition that they shall vacate and hand over possession of
rented shop to the landlord on or before 30.04.2024.
(ii) The appellants-tenants would pay arrears of rent and
mesne profits at the rate of last payment which appellants
are paying earlier.
(iii) The appellants-tenants shall not alienate or otherwise
create third party right or hand over possession of the rented
shop in question to any other person.
(iv) The appellants-tenants shall furnish an undertaking
either in person or through power of attorney, incorporating
aforesaid conditions, before the trial court within a period of
four weeks from the date of this order with an advance copy
to the landlord.
6. In case the tenants fails to submit the undertaking as
aforesaid and/ or breaches the conditions of this order, the
landlord 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.
7. Stay application and all pending application(s), if any, stand
disposed of.
(SUDESH BANSAL),J
NITIN/126
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