Rajasthan High Court
Amin vs Madan Lal And Ors on 23 August, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No.202/2009
Amin S/o Shri Munir, R/o behind Bhati mansion, Bjaja Road,
Sikar, Tehsil and District Sikar, Rajasthan
----defendant/Appellant
Versus
1. Madan Lal
2. Ram Niwas
sons of late Shri Bhagwana Ram
3. Smt. Shanti
4. Smt. Banarsi, D/o Late Shri Bhagwana Ram
5. Smt. Laxmi Devi, Widow late Shri Bhagwana Ram Saini, All
resident of Devipura, ward no. 17, Sikar, Rajasthan
----Plaintiff/Respondents
For Appellant(s) : Mr. Syed Saadat Ali
For Respondent(s) : Mr. Shishupal Singh
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
23/08/2022
1. This second appeal has been filed by appellant-defendant
tenant (hereafter 'tenant') assailing the judgment and decree
dated 23.01.2009 passed by the Court of Additional District Judge
No.1 Sikar, Rajasthan in Civil First Appeal No.102/2002 affirming
the judgment and decree dated 23.08.2002 passed by Additional
Civil Judge (Jr. Division) No.2 Sikar, Rajasthan in civil suit
No.236/1998 whereby the suit for eviction, recovery of rent and
permanent injunction filed by respondents-plaintiffs have been
allowed.
2. Learned counsel for the appellant-tenant, on instruction of
tenant, submits that if some reasonable time is granted to vacate
and hand over the possession of rented shop to respondent-
(2 of 3) [CSA-202/2009]
landlord, the appellant-tenant would not press the second appeal
on merits.
3. Learned counsel for respondent-landlord, on instructions of
respondent-landlord, submits that in case the second appeal is
dismissed as withdrawn, some reasonable time may be granted to
appellant-tenant to vacate and hand over the possession of
rented shop, subject to payment of due mesne profits and
enhanced mesne profits for future.
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 31.12.2024, subject to
condition that he shall vacate and hand over possession
of rented shop to landlord on or before 31.12.2024.
(ii) The appellant-tenant would pay arrears of mesne
profits as earlier directed by this court, if any, till August
2022 within a period of four weeks and from September
2022 to 31.12.2024 shall pay mesne profits at the rate of
Rs.1500/-per month regularly, in the bank account
furnished by respondents-landlords, until the vacation
and handing over possession of rented shop to the
respondents-landlords.
(iii) The appellant-tenant shall not alienate or otherwise
create any third party right or hand over possession of
rented shop 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 tenant fails to submit undertaking, as aforesaid,
and/or commits breach of conditions of this order, landlords shall
be entitled to initiate immediate execution proceedings of
judgment and decree to obtain possession of premises in issue
(3 of 3) [CSA-202/2009]
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
SAURABH/112
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