Rajasthan High Court
Krishnamurari Son Of Surajmal vs Lalita Devi D/O Late Shri Chauthi ... on 2 November, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 271/2022
Krishnamurari Son Of Surajmal, Aged About 55 Years, Resident
Of Khari Bazar, Gangapur City, District Sawai Madhopur,
Rajasthan.
----Appellant
Versus
Lalita Devi D/o Late Shri Chauthi Lal, Wife Of Of Hukamchand,
Aged About 64 Years, Resident Of Khari Bazar, Gangapur City,
District Sawai Madhopur.
----Respondent
For Appellant(s) : Mr. D.K. Dixit
For Respondent(s) : Mr. Devendra Kumar Bhardwaj
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment
02/11/2022
1. This second appeal has been filed by appellant-defendant
tenant (hereafter 'tenant') assailing the judgment and decree
dated 12.08.2022 passed by the Additional District Judge No.1,
Gangapur City in Civil Appeal No.03/2022 C.N.R. NO.
RJSM070000272022 whereby and whereunder the appeal has
been dismissed and upheld the judgment and decree dated
02.12.2021 passed by the Senior Civil Judge, Gangapur City in
Civil Suit No.09/2010 (336/2014) whereby the suit for eviction
and recovery of rent has been decreed in favour of the plaintiff.
2. After arguing the appeal at length, the counsel for the
appellant-tenant, on instruction of tenant, submits that if some
reasonable time is granted to vacate and hand over the possession
(2 of 3) [CSA-271/2022]
of rented shop to respondent-landlord, the appellant-tenant would
not press the second appeal on merits.
3. Learned counsel for respondent-landlord, on instructions of
respondent-landlord, submits that in case the second appeal is
dismissed as withdrawn, some reasonable time may be granted to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 landlord on or before 31.12.2024.
(ii) The appellant-tenant would pay all arrears of mesne
profits @ Rs.3000/-as directed by appellate court, if any,
till November 2022 within a period of four weeks and
from November 2022 to 31.12.2024 shall pay mesne
profits at the rate of Rs.4000/-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
shop 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 landlord."
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
(3 of 3) [CSA-271/2022]
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
TN/91
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