Ashok Kumar S/O Motilal vs Rajesh Kumar Adopted Son Draupadi ...
2022 Latest Caselaw 3510 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

             S.B. Civil Second Appeal No. 223/2021

Ashok Kumar S/o Motilal, Aged About 57 Years, R/o Trikutiya
Bazar, Kasba Kaman, Tehsil Kaman, Dist. Bharatpur.
                                                                  ----Appellant
                                   Versus
Rajesh Kumar Adopted Son Draupadi Devi, R/o Trikutiya Bazar,
Kasba Kaman, Tehsil - Kaman, Dist. Bharatpur.
                                                                ----Respondent

For Appellant(s) : Mr. Sunil Kumar Jain For Respondent(s) : Mr. Vivek Yadav

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

04/05/2022

1. Appellant-defendant, by way of this appeal has assailed the

judgment and decree dated 16.02.2019 passed by Civil Judge

Kama, Bharatpur in Civil Suit No.81/2005 whereby suit for eviction

filed by respondents-plaintiff has been decreed, which has been

affirmed by dismissing first appeal No.01/2019 vide judgment

dated 24.09.2021 passed by Additional District Judge, Kama,

Bharatpur.

2. The instant Second appeal arises out of an eviction suit

invoking provisions of Section 106 of the Transfer of Property Act,

1882.

3. During course of arguments learned counsel for appellant-

tenant submits that the tenant would be deprived of source of

income if he vacates the shop in question pursuant to impugned

judgments. He, on instructions of his client, submits that the

(2 of 3) [CSA-223/2021]

tenant would not press this appeal if he is allowed to continue in

possession of shop in question up to 31.05.2023, so that the

tenant may make alternative arrangement for his shop.

4. Counsel for landlord on instruction of his client does not

oppose the prayer of counsel for tenant and submits that if

impugned judgments dated 16.02.2019 and 24.09.2021 are

upheld, landlord would have no objection with continuing the

possession by tenant only up to 31.05.2023.

5. In view of above, this second appeal is disposed of as

under:-

(i) The appellant-tenant is allowed to continue in possession

of rented shop upto 31.05.2023, subject to condition that he

shall vacate and hand over possession of rented shop to the

landlord on or before 31.05.2023.

(ii) The appellant-tenant would pay arrears of mesne profits

at the rate Rs.500/- per month upto May, 2022, if any due.

(iii) The appellant-tenant shall not alienate or otherwise

create third party right or hand over possession of the rented

shop in question to any other person.

(iv) The 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 the landlord.

6. In case the tenant fails 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

(3 of 3) [CSA-223/2021]

forthwith in accordance with law and may also initiate proceedings

of contempt for breach of undertaking.

7. Stay application and all pending application(s), if any, stand

disposed of.

(SUDESH BANSAL),J

NITIN /76

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