Rajasthan High Court
Ram Kishore And Ors vs Padam Chand Jain And Orsa on 9 November, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No.750/2004
1. Ram Kishore S/o Kanhaiya Lal, R/o Village and Post
Thanagazi, Tehsil Thanagazi, District Alwar (Raj.)
2. Rajendra Prasad S/o Kanhaiya Lal, R/o Village and Post
Thanagazi, Tehsil Thanagazi, District Alwar (Raj.)
----Defendants-Appellants
Versus
1. Padam Chand Jain S/o Late Shri Shadilal, R/o Village Thana
Ghaji, Tehsil Thana Ghaji, District Alwar (Raj.) (Since deceased)
1/1. Kusum Lata Jain W/o. Late Padam Chand Jain, R/o Village
and Post Thanagazi, Tehsil Thanagazi, District Alwar.
1/2. Hemant Jain S/o Late Padam Chand Jain, R/o Village and
Post Thanagazi, Tehsil Thanagazi, District Alwar.
1/3. Bhagesh Jain S/o Late Padam Chand Jain, R/o Village and
Post Thanagazi, Tehsil Thanagazi, District Alwar.
1/4. Aarti Jain D/o Late Padam Chand Jain, R/o Village and Post
Thanagazi, Tehsil Thanagazi, District Alwar.
2. Mohan Lal Jain S/o Late Shri Shadilal, R/o Village Thana Ghaji,
Tehsil Thana Gaji, District Alwar (Raj.)
----Plaintiff-Respondents
For Appellant(s) : Mr. Shailesh Prakash Sharma
For Respondent(s) : Mr. Kailash Sharma
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
09/11/2022
1. This first appeal has been filed by appellants-defendants
tenants (hereafter 'tenants') assailing the judgment and decree
dated 25.09.2004 passed in Civil Suit No.16/2004 by the Court of
Additional District Judge (Fast Track) No.1, Alwar whereby the suit
for eviction, recovery of rent has been decreed in favour of
plaintiffs-respondents.
(2 of 3) [CFA-750/2004]
2. Learned counsel for appellants-tenants after arguing the
appeal for some time, on instruction of tenants, submits that if
some reasonable time is granted to vacate and hand over the
possession of rented shop to respondents-landlords, appellants-
tenants would not press the first appeal on merits.
3. Learned counsel for respondents-landlords, on instructions of
respondents-landlords, submits that in case the first appeal is
dismissed as withdrawn, some reasonable time may be granted to
appellants-tenants 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 present in the
Court, this first appeal is disposed of in following terms:-
"(i) The appellants-tenants is allowed to continue in
possession of rented shop upto 31.12.2024, subject to
condition that they shall vacate and hand over possession
of rented shop to landlords on or before 31.12.2024.
(ii) The appellants-tenants would pay arrears of mesne
profits, if any, as determined by this Court @Rs.3200/-
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.3,500/-per month regularly, in
the bank account furnished by respondents-landlords,
until vacation and handing over possession of rented
shop to respondents-landlords.
(iii) The appellants-tenants shall not alienate or otherwise
create third party right or hand over possession of rented
shop in question to any other person.
(iv) That appellants-tenants shall file 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."
(3 of 3) [CFA-750/2004]
5. In case the tenants fail 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.
6. Stay application and any other pending application(s), if any,
stand(s) disposed of.
(SUDESH BANSAL),J
SAURABH/106
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