Pawan Kumar vs Jafar Ali
2022 Latest Caselaw 4391 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Second Appeal No. 193/2018

Pawan Kumar S/o Late Radhey Shyam, R/o Ward No. 24,
Chirawa, Tehsil Chirawa, Distt. Jhunjhunu.
                                                                       ----Appellant
                                    Versus
Jafar Ali S/o Late Jamal R/o Ward No. 20, Chirawa, Tehsil
Chirawa, Distt. Jhunjhunu Raj.
                                                                   ----Respondent

For Appellant(s) : Mr. M.M. Ranjan Sr. Advocate assisted by Mr. Rohan Agarwal For Respondent(s) : Ms. Sonia Shandilya Mr. Sandeep Pathak

HON'BLE MR. JUSTICE SUDESH BANSAL

Judgment

01/07/2022

1. This second appeal has been filed by the appellant-defendant

(hereafter 'defendant') assailing the judgment dated 24.01.2018

passed by District Judge Jhunjhunu in Civil Regular Appeal No.12/2017

(CIS No. 12/2017) affirming the judgment and decree dated

18.03.2017 passed by Civil Judge, Chirawa in civil suit No.4/2003

whereby the decree for eviction has been passed against the appellant-

defendant.

2. Learned counsel for appellant submits that in case some

reasonable time is granted to vacate and hand over the possession of

rented shop to landlord, defendant-tenant is agreeable not to press the

second appeal on merits.

3. Learned counsel for respondent-landlord, on instructions of his

client has no objection to the prayer of defendant, if judgments dated

(2 of 2) [CSA-193/2018]

24.01.2018 and 18.03.2017 and decree for eviction are upheld and

some reasonable time is granted to appellant-tenant to vacate the

rented shop.

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 30.06.2024, subject to condition that he shall vacate and hand over possession of rented shop to landlord on or before 30.06.2024.

ii) The appellant-tenant would pay the arrears of rent as decreed by courts below, if any, till June 2022 and from July 2022 to 30.06.2024 shall pay the mesne profits at the rate of Rs.1100/-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 landlords.

5. In case the tenant fails to submit the undertaking, as aforesaid,

and/or commits breach of conditions of this order, landlords 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.

6. Stay application and any other pending application(s), if any,

stand(s) disposed of.

(SUDESH BANSAL),J

TN/84

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