Smt Bhanwari Devi And Ors vs Sumer Club
2022 Latest Caselaw 1526 Raj/2

Citation : 2022 Latest Caselaw 1526 Raj/2
Judgement Date : 14 February, 2022

Rajasthan High Court

Smt Bhanwari Devi And Ors vs Sumer Club on 14 February, 2022

Bench: Prakash Gupta

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Second Appeal No. 157/2008

1. Smt. Bhanwari Devi (since deceased)
1/1. Smt. Sugan Bai daughter of late Shri Sheoram
2. Smt. Kamla Bai daughter of late Shri Sheoram, aged about 52
years, resident of Sumer Club Premises, Madanganj, Kishangarh
District Ajmer (Rajasthan)
                                                     ----Appellant-defendants
                                    Versus
Sumer Club, through its Secretary Shri Ramesh C. Purohit s/o
Late Chandra Das Purohit, r/o Purohit Bhawan, New City,
Kishangarh (Raj.)
                                                       ----Plaintiff/Respondent

For Appellant(s) : Mr. Prahlad Sharma, Advocate For Respondent(s) : Mr. Puesh Nag, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Judgment

14/02/2022 The instant Civil Second Appeal under Section 100 CPC

has been filed by the defendants-appellants (for short 'the

defendants') aggrieved by the judgment and decree dated

05.04.2008 passed by the learned Additional District Judge (Fast

Track) No.3, Ajmer Camp, Kishangarh (for short 'the First

Appellate Court') whereby the said court allowed the appeal filed

by the respondent-plaintiff (for short 'the plaintiff') and quashed

and set aside the judgment and decree dated 31.03.1997 passed

by the learned Civil Judge (Junior Division), Kishangarh, Ajmer

(for short 'the trial Court') in Civil Suit No. 60/1992.

Learned counsel for the defendants after arguing the

matter at some length, on instruction of his clients, has not

(2 of 3) [CSA-157/2008]

pressed this appeal on merits. The only prayer made by him is

that time of eighteen months may kindly be granted to the

defendants to vacate the tenanted/suit premises (for short 'the

premises'). He further submits that the defendants are poor

persons, therefore, they are not in a position to pay the arrears of

mesne profit, as directed by the Court below.

Learned counsel appearing for the plaintiff on

instructions of his client has no objection in granting the time as

prayed for by the learned counsel for the defendant for vacating

the premises. He further submits that the plaintiff will not claim

arrears of mesne profit, as directed by the Court below.

In view of the aforesaid submission of learned counsel

for the parties, this second appeal is being decided in the following

terms:-

1. The defendants shall be entitled to continue in possession of the premises uptill 14.08.2023 but not beyond that, subject to condition that they will hand over the vacant and peaceful possession of the premises to the plaintiff on or before 14.08.2023.

2. From 01.01.2022, the defendants shall deposit the mesne profit @ Rs.200/- per month with the bank account of the plaintiff by 15th of each month. The plaintiff shall provide its/his bank account details to the defendants.

3. The defendants shall not alienate or otherwise create third party right or hand over possession of the premises in question to any other person.

4. If the defendants fail to deposit the mesne profit consecutively for four months, the plaintiff shall be at liberty to execute the decree without any further reference to the Court.

(3 of 3) [CSA-157/2008]

Further, the defendants shall submit an undertaking on

oath incorporating the aforesaid conditions before the concerned

trial Court within a period of four weeks from the date of this

order. In case, the defendants fail to submit the undertaking as

aforesaid within four weeks from today and/or commit breach of

any of the conditions of this order, the plaintiff shall be entitled to

execute the decree forthwith and obtain possession of the

premises in accordance with law and it will be open for the plaintiff

to initiate contempt proceedings in the Court.