Rajasthan High Court
Sunil Kumar vs Bankat Lal And Another on 9 November, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No.686/2011
Sunil Kumar S/o Shri Bhag Chand, R/o Shubhash Chok
Narayana, Tehsil Phulera, District, Jaipur.
----Defendant/Appellant
Versus
1. Bankat Lal S/o Balu Ram (died) through LRs
1/1. Satya Narayan S/o Late Shri Bankat Lal
1/2. Gopal S/o Late Shri Bankat Lal
1/3. Sushila D/o Late Shri Bankat Lal
1/4. Seema D/o Late Shri Bankat Lal
1/5. Meenu D/o Late Shri Bankat Lal
2. Ghanshyam S/o Balu Ram
All are R/o Narayana, Tehsil Phulera, District, Jaipur.
----Plaintiffs/Respondents
For Appellant(s) : Mr. Vimal Kumar Jain
For Respondent(s) : Mr. Jai Raj Tantia
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
09/11/2022
1. This second appeal has been filed by appellant-defendant
tenant (hereafter 'tenant') assailing the judgment and decree
dated 27.07.2011 passed by the Court of Additional District Judge,
Sambhar Lake, Jaipur in Civil Appeal No.16/2005 affirming the
judgment and decree dated 24.02.2005 passed by the Court of
Civil Judge (Sr. Division), Sambhar Lake, Jaipur in civil suit
No.113/1996 whereby the suit for eviction and recovery of rent
has been decreed in favour of respondents-plaintiffs.
2. Learned counsel for the appellant-tenant after arguing the
appeal for some time, on instruction of tenant, submits that if
(2 of 3) [CSA-686/2011]
some reasonable time is granted to vacate and hand over the
possession of rented shop to respondents-landlords, the appellant-
tenant would not press the second appeal on merits.
3. Learned counsel for respondents-landlords, on instructions of
respondents-landlords submits that in case the second appeal is
dismissed as withdrawn, some reasonable time may be granted to
appellant-tenant to vacate and hand 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 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 arrears of mesne
profits, if any, as determined by trial court till November,
2022 within a period of four weeks and from December,
2022 to 31.12.2024 shall pay mesne profits at the rate of
Rs.2,000/-per month regularly, in the bank account
furnished by respondents-landlords, until the vacation
and handing over possession of rented shop to
respondents-landlords.
(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 appellant-tenant fails to submit the undertaking,
as aforesaid, and/or commits breach of conditions of this order,
respondent-landlord shall be entitled to initiate immediate
execution of judgment and decree to obtain possession of
(3 of 3) [CSA-686/2011]
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/100
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