Phool Singh vs Prakash Chand And Others
2022 Latest Caselaw 4842 Raj/2

Citation : 2022 Latest Caselaw 4842 Raj/2
Judgement Date : 14 July, 2022

Rajasthan High Court

Phool Singh vs Prakash Chand And Others on 14 July, 2022

Bench: Sudesh Bansal

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Second Appeal No. 120/2010

Phool Singh S/o Shri Duli Chand Mahajan, Bhudara Bazar,
Karauli, Distt. Karauli Raj.
                                                   ----Appellant-Defendant
                                     Versus
1.     Prakash Chand S/o Shri Nemi Chand Jain,
2.     Bhag Chand Jain S/o Shri Nemi Chand Jain,
3.     Krishan Chand Jain S/o Shri Nemi Chand Jain,
       All resident of Sita Badi, Karauli, Distt. Karauli Raj.
                                               .........Plaintiff-respondents

4. Bachu Singh S/o Shri Dhuli Chand Mahajan, Bhudara Bazar, Karauli, Distt. Karauli Raj.

                                  ---Formal Defendant-Respondents


For Appellant(s)           :     Mr. S.C. Gupta
For Respondent(s)          :     Mr. J.P. Goyal, Sr. Advocate with
                                 Ms. Jyoti Swami



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                      Order

14/07/2022

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

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

25.02.2010 passed by the Court of Additional District & Sessions

Judge (Fast Track) No.1, Karauli in Civil First Appeal No.94/2007

(43/2006) whereby dismissed the appeal and affirmed the

judgment and decree dated 19.09.2006 passed by Additional Civil

Judge (Jr. Division), Karauli in civil suit No.11/2001 whereby the

decree for eviction was passed on the ground of bona fide and

personal necessity.

(2 of 3) [CSA-120/2010]

2. Learned counsel for the appellant-tenant, after arguing the

second appeal on merits at length, submits that in case this Court

is not inclined to interfere with the concurrent findings of fact on

the ground of bona fide and personal necessity, he may be allowed

to seek instructions from the appellant, who is present in the

Court. The appellant is present in the Court and instructed his

counsel that the rented property is in tenancy of the appellant-

tenant since time of his father near about more than 70 years, if

some reasonable time is granted to vacate and hand over the

possession of rented shop to respondent-landlords, the appellant-

tenant would not press the second appeal.

3. Learned counsel for respondent-landlords, on instructions of

respondent-landlords and in their interest immediately grabbed

the proposal made by and on behalf of appellant-tenant, and

submits that in case the second appeal is dismissed as withdrawn

sustaining the impugned judgments and decree for eviction, some

reasonable time may be granted to appellant-tenant to vacate

and handed 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 landlords on or before 31.12.2024.

(ii) The appellant-tenant would pay arrears of mesne profits as agreed earlier in order dated 24.02.2011, if any, till July 2022 within a period of four weeks and from

(3 of 3) [CSA-120/2010]

August 2022 to 31.12.2024 shall pay mesne profits at the rate of Rs.5000/-per month regularly, in the bank account furnished by respondent-landlords, 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.