Rajasthan High Court
Rajesh Telwani vs Smt Gyarasi Devi on 4 August, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 49/2017
Rajesh Telwani S/o Asharam Telwani Shop Keeper Rajesh Store,
House No.2236, Near Selon Ki Gali Chowkri Purani Basti, Gangori
Bazar, Jaipur
----Appellant
Versus
Smt. Gyarsi Devi W/o Raghunath Sharma, Manpurkalan Teh.
Jamwaramgarh Distt. Jaipur
----Respondent
For Appellant(s) : Mr. Mahendra Sharma
For Respondent(s) : Mr. Krishnan Kumar Sharma
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment
04/08/2022
1. Appellant-defendant preferred this second appeal feeling
aggrieved by the impugned judgment and decree dated
11.11.2016 passed in Civil First Appeal No.08/2004
(C.I.S.No.67/2014) by the Court of Additional District Judge No.7,
Jaipur Metropolitan, Jaipur, affirming the judgment and decree
dated 22.09.2004 passed in Civil Suit No.33/2000 by the Court of
Additional Civil Judge (Sr. Division) No.3, Jaipur City, Jaipur
whereby and wherunder respondent-plaintiff's suit for eviction has
been decreed.
2. Learned counsel for appellant, having faced with concurrent
findings of fact on the ground of bona fide and personal necessity
and on instructions of his client, submits that if some reasonable
time is granted to vacate and hand over the possession of rented
(2 of 3) [CSA-49/2017]
shop to respondent-landlord, the appellant-tenant would not press
the second appeal.
3. Learned counsel for respondent-landlord, on instruction of
respondent-landlord and in his interest immediately grabbed the
proposal made by and on behalf of appellant-tenant, and submits
that in case the second appeal is dismissed as withdrawn
sustaining the impugned judgments and decree for eviction, some
reasonable time may be granted to appellant-tenant to vacate
and handed over the possession of rented shop, subject to
payment of due mesne profits.
4. In view of above, with the consent of learned counsel for
both parties, on instruction of their respective parties, this second
appeal is disposed of in following terms:-
"(i) The appellant-tenant is allowed to continue in
possession of rented shop upto 31.07.2024, subject to
condition that he shall vacate and hand over possession
of rented shop to landlord on or before 31.07.2024.
(ii) The appellant-tenant would pay arrears of mesne
profits, if any, till July 2022 within a period of four weeks
and from August 2022 to 31.07.2024 shall pay mesne
profits at the rate of Rs.400/-per month regularly, in the
bank account furnished by respondent-landlord, until the
vacation and handing over possession of rented shop to
the respondent-landlord.
(iii) 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.
(iv) 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 landlord."
5. 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
(3 of 3) [CSA-49/2017]
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.
6. Stay application and any other pending application(s), if any,
stand(s) disposed of.
(SUDESH BANSAL),J
SACHIN/112
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