Rajasthan High Court
Umashankar S/O Late Shri Ajab ... vs Hari Om Gupta S/O Late Shri Natthi ... on 7 July, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 139/2022
1. Umashankar S/o Late Shri Ajab Singh, R/o-
2. Tribhuvana Narayan S/o Late Shri Ajab Singh, R/o-
3. Lalit Kishor S/o Late Shri Ajab Singh, R/o-
4. Radha Raman Verma S/o Late Shri Ajab Singh, R/o Kasba
Mehadwar, Rajakheda Tehsil District Dhaulpur.
5. Smt. Krishna D/o Late Shri Ajab Singh W/o Shri
Umashankar, R/o Village Shonkh Thana Murgra Tehsil And
Distt. Mathura (Up).
6. Smt. Gunmala D/o Late Shri Ajab Singh W/o Shri Ramesh
Kumar, R/o Mig 14 A Shastri Puram Paschim Puri Agra
(Up).
7. Miss Megha D/o Vishal, Minor Under Guardian Father Shri
Vishal R/o Shitla Gali Agra (Up).
----Appellants-defendants
Versus
1. Hari Om Gupta S/o Late Shri Natthi Lal Gupta, R/o Kasba
Rajakheda, Tehsil Rajakheda District Dholpur
-------respondent-plaintiff
2. Ramsevak S/o Shri Lajjaram, R/o Kasba Jariha Rajakheda
Presently R/o Durga Cloth Store 87/56 Ajit Market First
Floor Subhas Bazar Agra (Up).
----Respondent-defendant No.1
For Appellant(s) : Mr. Brij Bhushan Ojha
For Respondent(s) : Mr. Raj Kamal Gaur
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
07/07/2022
1. This second appeal has been filed by appellants-defendants,
assailing the judgment dated 05.05.2022 passed by Judge,
Appellate Rent Tribunal in Regular Civil Appeal No.24/2019
(2 of 3) [CSA-139/2022]
affirming the judgment and decree dated 15.11.2019 passed by
Civil Judge, Rajakheda in civil suit No.53/1996 whereby the suit
for eviction has been decreed against appellants-defendants.
2. During course of arguments learned counsel for appellants-
tenants submits that tenants would be deprived of source of
income if they vacate the shop in question pursuant to impugned
judgments. However, after arguing the appeal on merits for some
time, counsel, on instructions of his clients, submits that tenants
would not press this appeal if they are allowed to continue in
possession of shop in question up to 31.12.2024, so that tenants
may make alternative arrangement for his shop.
3. Counsel for landlord on instruction of his clients does not
oppose the prayer of counsel for tenants and submits that if
impugned judgments dated 05.05.2022 and 15.11.2019 are
upheld, landlord would have no objection with continuing the
possession by tenants only up to 31.12.2024.
4. In view of above, this second appeal is disposed of as
under:-
(i) Appellants-tenants are allowed to continue in possession
of rented shop upto 31.12.2024, subject to condition that
they shall vacate and hand over possession of rented shop to
the landlord on or before 31.12.2024.
(ii) Appellants-tenants would pay arrears of rent as decreed
by courts below, if any, till June 2022 and from July 2022 to
31.12.2024 shall pay mesne profits at the rate of Rs.2000/-
per month regularly, in the bank account furnished by
(3 of 3) [CSA-139/2022]
respondent-landlord, until the vacation and handing over
possession of rented shop to the respondent-landlord.
(iii) Appellants-tenants shall not alienate or otherwise create
third party right or hand over possession of the rented shop
in question to any other person.
(iv) Appellants-tenants 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 the landlord.
5. In case tenants to submit the undertaking as aforesaid and/
or breaches the conditions of this order, the 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.
6. Stay application and all pending application(s), if any, stand
disposed of.
(SUDESH BANSAL),J
NITIN /22
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