Anil Kumar vs Tarsemlal
2022 Latest Caselaw 10937 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 101/2021

Anil Kumar S/o Ram Niwas, Aged About 52 Years, R/o Raisinghnagar, District Sriganganagar

----Appellant Versus

1. Tarsemlal S/o Kundan Lal Agrawal, R/o Mandi Raisinghnagar, Sriganganagar

2. Kumar Gaurav S/o Tarsem Lal Agrawal, R/o Mandi Raisinghnagar, District Sriganganagar

----Respondents

For Appellant(s) : Mr. Hemant Jain For Respondent(s) : Mr. Vikash Chouhan

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

26/08/2022

The present Civil Second Appeal under Section 100 of the

CPC has been preferred by the defendant-appellant against the

judgment and decree dated 13.09.2021 passed by the learned

Additional District Judge, Raisinghnagar, District-Sri Ganganagar in

Regular Civil Appeal No.6/2017 whereby the First Appellate Court

dismissed the appeal filed by the defendant-appellant and the

judgment and decree dated 24.01.2017 passed by the learned

Senior Civil Judge, Raisinghnagar in Civil Original Suit No.13/2013

was affirmed and the suit filed by the plaintiff-respondent was

decreed.

Learned counsel appearing for the defendant-appellant

submits that the defendant-appellant is not pressing upon the

(2 of 3) [CSA-101/2021]

merits of the present case, but only praying for some time to

vacate the suit premises.

Per contra, learned counsel appearing for the plaintiff-

respondent submits that from the date of passing of the impugned

judgments and decrees, much time has already been passed and

the defendant-appellant is in possession of the suit property

despite the eviction decree having been passed in favour of the

plaintiff-respondent.

In view of the prayer made above, without interfering with

the impugned judgments and decrees the present Civil Second

Appeal is disposed of subject to the condition that the defendant-

appellant shall vacate the suit premises on or before 28.09.2024

and handover vacated possession of the suit premises to the

plaintiff-respondent. During the interregnum period, the appellant

shall pay arrears of rent, mesne profit and shall further continue

to pay the mesne profit as already directed by the learned Courts

below. The defendant-appellant shall also pay the mesne profits

for use & occupation of the rented premises on or before every

15th of every month without any delay.

It is further ordered that the defendant-appellant shall

furnish and undertaking before the learned Trial Court with the

following stipulations:-

(i) Defendant-appellant shall furnish a written undertaking in the Trial Court within a month incorporating to handover vacant and peaceful possession of the suit premises to the plaintiff-respondent on or before 28.09.2024 and shall also undertake not to cause any damage to it and shall also maintain the same as it is.

(ii) Defendant-appellant shall also pay mesne profit as ordered by the learned Court below and will further continue to pay the same one every 15th of every month, or in advance uptil vacant possession is handed over to

(3 of 3) [CSA-101/2021]

the plaintiff-respondent. The arrears of Rent and mesne profits, as determined by learned Courts below, if not already paid, shall also be paid by him within a period of one month from today.

(iii) Defendant-appellant shall further undertake that he will no 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 plaintiff-respondent will furnish the details of bank account number in which the amount of arrears of rent, mesne profits and regular mesne profits is now to be deposited. Arrears of rent and mesne profits is to be deposited by defendant-appellant within a period of one month from today.

(v) On defendant-appellant furnishing the undertaking aforesaid and abiding by the terms and conditions of the order, plaintiff-respondent shall not execute the impugned decree till 28.09.2024.

(MADAN GOPAL VYAS),J 10-neha/-

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