M/S Diwakar And Company And Ors vs Mohan Kishore Sharma
2022 Latest Caselaw 2545 Raj/2

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

               S.B. Civil Second Appeal No. 540/2005
1.    M/s Diwakar And Company, Sharma Building, M.i. Road,
      Jaipur
2.    Diwakar S/o Late Shri Padam Singh, since deceased
      through his legal representative:-
      2/1. Smt. Lata Diwakar wife of late Diwakar Singh, r/o C-
      24, Sawai Jaisingh Highway, Bani Park, Jaipur.


      2/2. Vaibhav Diwakar S/o Late Diwakar Singh R/o 47,
      Vidyut Nagar A prince road, Vaishali Nagar, Jaipur.


      2/3. Smt. Bhavna Agarwal D/o late Diwakar Singh, r/o D-
      13 Maharani Bagh, New Delhi.


      2/4. Megha Jain D/o late Diwakar Singh, r/o C-24, SawaI
      Jai Singh Highway, Bani Park, Jaipur.


3.    Late     Madhukar      S/o     Late     Padam            Singh   (Deceased)
      Through:-
      3/1. Sudha Madhukar Singh W/o Late Madhukar Singh,
      3/2. Gaurav Madhukar Singh S/o Late Madhukar Singh,
      All residents of C-24, Sawal Jaisingh Highway, Jaipur
      3/3. Garima Mohanta W/o Shri Sanjiv Mohanta D/o Late
      Madhukar Singh, R/o 47, Gopal Badi, Sanjay Marg, Jaipur
                                                   ---Defendants-Appellants
                                   Versus
Mohan Kishore Sharma S/o Shri Raj Kishore Sharma (Since
Deceased) Through His Legal Representatives:-


1/1. Anil Kishore Sharma S/o late Shri Mohan Kishore Sharma
1/2. Pradeep Kishore Sharma son of late Shri Mohan Kishore
Sharma
1/3. Deepak Kishore Sharma son of late Shri Mohan Kishore
Sharma
1/4. Smt. Neeru Gaur w/o Shri D.K. Gaur D/o late Shri Mohan
Kishore Sharma
1/5. Smt. Indu Sharma W/o Shri V.N. Sharma D/o late Shri
Mohan Kihsore Sharma


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                                           (2 of 4)               [CSA-540/2005]


 1/6. Smt. Arpita Vashistha wife of shri Ashutosh Vashistha D/o
 of late Shri Mohan Kishore Sharma
 All residents of Sharma Building, M.I. Road, Jaipur.
                                                       ---Plaintiff-Respondent

For Appellant(s) : Mr. K.K. Sharma, Sr. Advocate assisted by Mr. Molik Purohit For Respondent(s) : Mr. N.K. Maloo, Sr. Advocate assisted by Mr. V.K. Tamoliya & Mr.Pratyush Sharma

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

24/03/2022

This second appeal has been filed by the appellants-

defendants (hereafter 'defendants') assailing the judgment dated

5th September, 2005 passed by Additional District Judge NO.7,

Jaipur City, Jaipur in Civil Regular Appeal No.27/2003 by which he

dismissed the appeal of the appellants and maintained the

judgment and decree dated 6th May, 2003 passed by Additional

Civil Judge (Jr. Division) N0.3, Jaipur City, Jaipur in civil suit

No.192/1995 by which the suit of plaintiff-respondents (hereafter

'plaintiffs') for ejectment was decreed.

Counsel for both parties were heard finally on merits and

the matter was posted for today for dictation of judgment.

Before passing judgment on second appeal on merits,

learned counsel for defendants-tenants on instructions of his

clients defendants has made a proposal that since the shop in

question is in their tenancy since 1955 and if some reasonable

time is granted to vacate rented shop and hand over the

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possession of vacant shop to landlord, defendants-tenants are

agreeable not to press their second appeal on merits.

Learned counsel for respondent-landlord also, on

instructions of their respective clients has no objections, if the

appeal is dismissed as not press and judgments dated

05.09.2009 and 06.05.2003 are upheld and some reasonable

time is granted to appellants to vacate the rented shop.

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-tenants are allowed to continue in possession of

rented shop upto 31.03.2024, subject to condition that they shall

vacate and hand over possession of rented shop to the landlord

on or before 31.03.2024.

ii) The appellant-tenants would continue to pay mesne profits at

the rate of 12,700/-per month (as being paid by appellants) from

April, 2022 onwards until vacation and handing over possession of

rented shop to the respondent-landlord.

iii) The appellant-tenants shall not alienate or otherwise create

third party right or hand over possession of rented premises in

question to any other person.

iv) That all appellants-tenants shall furnish an undertaking, either

jointly or severally, 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.

In case the tenant fails to submit the undertaking as

aforesaid, and/or breach the conditions of this order, the

landlords shall be entitled to initiate immediate execution of

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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.

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

any, stand(s) disposed of.

(SUDESH BANSAL),J

TN/77

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