Rajasthan High Court
Smt Ram Kanya Devi vs Ikramuddin And Another on 2 August, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 117/2015
Smt. Ramkanya Devi, Shopkeeper, Chaukari Ghat Darwaja,
Haldiyon Ka Rasta, Uncha Kuan, Near Rasta Thakur Pachewar,
Jaipur Raj.
----Appellant-Defendant
Versus
Ikramuddin S/o Late Shri Nijamuddin, resident of Plot
No.239, Govind Nagar East, Chaukari Hawali Shahar,
Amer Road, Jaipur (Residence)
AND
Ikramuddin @ Ikram S/o Nijamuddin, Masjid Dariwalan,
Opposite Tandon Timbers, Masjid Ke Nukkad Ki Dukan,
Panchwa Chauraha, Ghee Walon Ka Rasta, Chaukari
Ghatgate, Jaipur-3 (Business Place)
----Respondent-Plaintiff
For Appellant(s) : Mr. Anil Mehta, Sr. Adv. with
Mr. Siddharth Bapna
For Respondent(s) : Ms. Sonia Gill &
Mr. Sunil Kumar Gill
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
02/08/2022
1. This second appeal has been filed by the appellant-defendant
(hereafter 'defendant') assailing the judgment dated 20.01.2015
passed in Civil Regular Appeal No.6/2006 by Additional District Judge
No.5, Jaipur Metropolitan, Jaipur affirming the judgment and decree
dated 17.12.2005 passed in civil suit No.21/1997 by Civil Judge (Jr.
Division) East, Jaipur City, Jaipur whereby the decree for eviction has
been passed against the appellant-defendant.
(2 of 3) [CSA-117/2015]
2. The second appeal has been admitted for hearing and pending for
hearing.
3. During course of second appeal, the counsel for respondent
submits that appellant-defendant has not paid mesne profit @8,000/-
determined by this Court vide order dated 19.12.2016, therefore the
matter has come up on the application for vacation of stay order.
Indisputedly, the appellant has committed default in payment of mesne
profits.
4. On the request of learned counsel for both parties, this second
appeal has been heard on merits.
5. Learned counsel for the appellant-tenant, on the instructions of
appellant who is present in court, submits that appellant is running
Typing Institution in the rented premises and if some reasonable time
is granted to vacate and hand over the possession of rented premise to
landlord, defendant-tenant would not press this second appeal on
merits.
6. Learned counsel for respondent-landlord does not oppose to
grant of some reasonable time to vacate the rented premise, if
appellant does not press the appeal on merits and eviction decree is
maintained. However, he submits that when appellant has not paid due
mesne profits, at least the amount of mesne profits be increased.
7. In view of above, on the instruction of respective parties and with
consent of leaned counsel for both parties, the second appeal is
disposed of in following terms:-
i) The appellant-tenant is granted two years' time to
vacate and hand over the rented premise upto
31.07.2024 subject to payment of mesne profits
@12,000/- per month regularly w.e.f. August, 2022 on
wards in the bank account furnished by respondent-
landlord, until vacating and handing over the premises to
the respondent-landlord.
(3 of 3) [CSA-117/2015]
ii) 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.
iii) 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.
8. It is admitted between the parties that the mesne profits upto
July, 2022 is treated as paid.
9. In case the appellant-tenant fails to submit the undertaking, as
aforesaid, and/or commits breach of conditions of this order, 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.
10. Application for vacation of stay order and any other pending
application(s), if any, stand(s) disposed of.
(SUDESH BANSAL),J
TN/95
Powered by TCPDF (www.tcpdf.org)
