Hariram S/O Late Shri Suganchand ... vs Bajrang Sharan S/O Late Shri ...
2022 Latest Caselaw 4780 Raj/2

Citation : 2022 Latest Caselaw 4780 Raj/2
Judgement Date : 13 July, 2022

Rajasthan High Court

Hariram S/O Late Shri Suganchand ... vs Bajrang Sharan S/O Late Shri ... on 13 July, 2022

Bench: Sudesh Bansal

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Second Appeal No. 136/2022
Hariram S/o Late Shri Suganchand Saini, Aged About 65 Years,
R/o Shyam Nagar Kotputli, District Jaipur.
                                                     ----Defendant/Appellant
                                   Versus
Bajrang Sharan S/o Late Shri Deendayal Sharan Chaudhary,
Aged About 71 Years, R/o Mohalla Buchaheda, Ward No. 8, Town
Kotputli, District Jaipur.
                                                      ----Plaintiff/Respondent

For Appellant(s) : Mr. N.K. Maloo, Sr. Advocate assisted by Mr. Vishnu Bohra & Mr. Pratyush Sharma For Respondent(s) : Mr. G P Sharma Mr. M C Gupta

HON'BLE MR. JUSTICE SUDESH BANSAL Order 13/07/2022

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

(hereafter 'defendant') assailing the judgment and decree dated

06.05.2022 passed by the Court of Additional District Judge No.1,

Kotputli in Civil First Appeal No.8/2020 affirming the judgment and

decree dated 06.02.2020 passed by Civil Judge, Kotputli in civil

suit No.133/2012 whereby the decree for eviction has been

passed against appellant-defendant.

2. Learned Senior Counsel appearing on behalf of appellant-

defendant argued the appeal on merits at length, however, having

faced with concurrent findings of fact, has made an alternative

prayer that in order to shift the business, if some reasonable time

is granted to vacate and hand over the possession of rented shop

to landlord, appellant would not 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

(2 of 2) [CSA-136/2022]

judgments dated 06.05.2022 and 06.02.2020 and decree for

eviction are upheld and some reasonable time may be granted to

appellant-tenant to vacate the 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 31.07.2024, 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 rent/mesne profits as decreed by courts below, if any, till June 2022 within a period of four weeks and from July 2022 to 31.07.2024 shall pay mesne profits at the rate of Rs.2000/-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,

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 any other pending application(s), if

any, stand(s) disposed of.

(SUDESH BANSAL),J SAURABH/20