Sohanlal vs Ashok Kumar
2022 Latest Caselaw 10653 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 56/2021

Sohanlal S/o Laxminarayan, Aged About 65 Years, By Caste Tiwari, R/o Jorawarpura, Nokha, Tehsil Nokha, District Bikaner.

----Appellant Versus

1. Ashok Kumar S/o Late Ramlal, By Caste Partani, R/o Ward No. 16, Nokha, Tehsil Nokha, District Bikaner.

2. Gaurishankar S/o Late Ramlal, By Caste Partani, R/o Ward No. 16, Nokha, Tehsil Nokha, District Bikaner.

3. Vimla Devi D/o Late Ramlal, By Caste Partani, R/o Ward No. 16, Nokha, Tehsil Nokha, District Bikaner.

                                                                ----Respondents


For Appellant(s)         :     Mr. Nishant Madan
For Respondent(s)        :     Mr. J. K. Bhaiya



         HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                    Order

18/08/2022

The present civil second appeal under Section 100 of the CPC

has been preferred by the appellant-defendant against the

judgment and decree dated 23.02.2021 passed by the learned

Additional District Judge, Bikaner in civil appeal No.28/2020

whereby the learned First Appellate Court affirmed the judgment

and decree dated 06.01.2011 passed by the learned Judge (Junior

Division) Nokha, Bikaner, in Civil Original Suit No.41/2006

whereby eviction decree has been passed against the present

appellant.

While arguing the present second appeal, it is very candidly

submitted by learned counsel for the appellant that he is not

(2 of 3) [CSA-56/2021]

pressing the present second appeal on merits, but only praying for

grant of some time to vacate the suit premises.

Per contra, learned counsel appearing for the respondents-

landlord submits that the from the date of passing of the

impugned judgments and decrees, till this date, the appellant is in

possession of the suit property, and therefore, no further time

may be granted to the appellant to vacate the suit property.

Having regard to the facts and circumstances of the case and

without interfering with the impugned judgments, the present

second appeal is disposed of, subject to the condition that the

appellant shall vacate the suit premises on or before 31.08.2023

and hand over vacated possession of the premises to the

respondent-landlord. During the interregnum period, the appellant

shall pay arrears and rent of the suit property and shall further

continue to pay the mesne profit @ of Rs.2000/- per month. The

respondent shall supply the bank account number to the appellant

for depositing the amount of Rs.2000/- per month in his bank

account. The appellant shall pay the mesne profit for use and

occupation of the suit premises or before every 15 th of every

month without any delay. It is further ordered that the appellant

shall furnish an undertaking before the learned trial court with the

following stipulations:-

(i) The appellant shall furnish an undertaking in the trial court within one month incorporating to handover vacant and peaceful possession of the suit premises to the respondent-landlord on or before 31.08.2023 and shall also undertake not to cause and damage to it and shall also maintain the same as it is.

(ii) The appellant shall also pay mense profit @ of Rs.2000/- per month and will further continue to pay the same on 15th of every month, or in advance uptill the vacated possession is handed over to the landlord.

(3 of 3) [CSA-56/2021]

The arrears and mesne profit, if not already paid, shall also be paid by him within a period of one month from today.

(iii) Appellant shall further undertake that he will not sub-let, assign or part with the possession of the suit premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period and if he does so, the same will be treated as void.

(iv) The respondent will furnish the details of bank account number in which the amount of arrears of rent, mesne profit and regular mesne profit is now to be deposited. Arrears of the rent and mense profit is to be deposited by appellant within a period of one month from today.

(v) On appellant furnishing the undertaking aforesaid and abiding by the terms and conditions of the order, respondent shall not execute the impugned decree till 31.08.2023.

(MADAN GOPAL VYAS),J 25-nidhi/-

Powered by TCPDF (www.tcpdf.org)