Lakshman Das vs Vimla Devi
2022 Latest Caselaw 12405 Raj

Citation : 2022 Latest Caselaw 12405 Raj
Judgement Date : 18 October, 2022

Rajasthan High Court - Jodhpur

Lakshman Das vs Vimla Devi on 18 October, 2022

Bench: Madan Gopal Vyas

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 113/2022

Lakshman Das S/o Sh. Tannumal, Aged About 74 Years, R/o Phulwani General Stores, Sadar Bazar, Makrana, Distt. Nagaur Raj.

----Appellant Versus

1. Vimla Devi W/o Late Sh. Gopal, Legal Representatives Of Late Sh. Gopal S/o Sh. Badrinrayan R/o Near Pabu Ji Ka Chabutra, Makrana, Distt. Nagaur-Rajasthan Presently Residing At Sarval Industries, Nandi Parvari Street, Vijaywada-Andhra Pradesh.

2. Gopikishan S/o Late Sh. Gopal, Legal Representatives Of Late Sh. Gopal S/o Sh. Badrinrayan R/o Near Pabu Ji Ka Chabutra, Makrana, Distt. Nagaur-Rajasthan Presently Residing At Sarval Industries, Nandi Parvari Street, Vijaywada-Andhra Pradesh.

3. Shri Kishan S/o Late Sh. Gopal, Legal Representatives Of Late Sh. Gopal S/o Sh. Badrinrayan R/o Near Pabu Ji Ka Chabutra, Makrana, Distt. Nagaur-Rajasthan Presently Residing At Sarval Industries, Nandi Parvari Street, Vijaywada-Andhra Pradesh.

4. Lalita D/o Late Sh. Gopal, Legal Representatives Of Late Sh. Gopal S/o Sh. Badrinrayan R/o Near Pabu Ji Ka Chabutra, Makrana, Distt. Nagaur-Rajasthan Presently Residing At Sarval Industries, Nandi Parvari Street, Vijaywada-Andhra Pradesh.

5. Radha D/o Late Sh. Gopal, Legal Representatives Of Late Sh. Gopal S/o Sh. Badrinrayan R/o Near Pabu Ji Ka Chabutra, Makrana, Distt. Nagaur-Rajasthan Presently Residing At Sarval Industries, Nandi Parvari Street, Vijaywada-Andhra Pradesh.

                                                                ----Respondents


For Appellant(s)         :     Mr. Saurabh Maheshwari
                               Mr. Tarun Dhaka
For Respondent(s)        :     Mr. Narendra Thanvi





                                           (2 of 4)                 [CSA-113/2022]


         HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                Judgment

18/10/2022

     Appellant-defendant        has      preferred        this   second   appeal

aggrieved by impugned judgment & decree dated 22.03.2022

passed by Additional District Judge, Makrana, District Nagaur (for

short, 'first appellate Court') dismissing his appeal against

judgment and decree dated 25.09.2012, passed by learned Civil

Judge (Senior Division) and Judicial Magistrate, Makrana, District

Nagaur (for short, 'learned trial Court'), whereby the suit filed by

respondent-plaintiffs, for eviction and recovery of arrears of rent

against appellant-defendant, was decreed.

Learned counsel for the appellant-defendant, upon

instructions, submits that the appellant-defendant is not pressing

the appeal on merits, but praying that a reasonable time may be

granted to him to handover peaceful vacant possession of the suit

shop.

Learned counsel for the respondents-plaintiffs has very

candidly accepted the proposal of learned counsel for the

appellant to allow some time for vacating the rented premises.

After thorough deliberations, learned counsel for the respondents-

plaintiffs has agreed to allow a reasonable time to the appellant to

vacate the premises latest by 31 st of December, 2023 subject to

paying mesne profit @Rs.700/-per month, as already ordered by

the first appellate Court uptil handing over vacant possession of

the suit shop to respondents-plaintiffs.

(3 of 4) [CSA-113/2022]

The aforesaid reasonable period to vacate the premises with

mesne profit @Rs.700/-per month and payment of arrears of rent,

if any, is accepted by learned counsel for the appellant without

any demure.

Accordingly, the present second appeal of the

appellant-defendant is disposed of in terms of following conditions

and directions:-

(i) Appellant-defendant shall furnish a written undertaking

in the trial Court within a month incorporating a

condition therein to hand-over vacant and peaceful

possession of the suit property in dispute to the

respondents-plaintiffs on or before 31.12.2023 and

shall also undertake not to cause any damage to it and

shall also maintain the same as it is.

(ii) Appellant-defendant shall also pay mesne profit @

Rs.700/- per month as per orders of learned Courts

below and will further continue to pay the same every

month by 15th day of the next succeeding month, or in

advance uptil vacant possession is handed over to the

respondents-plaintiffs. The arrears of rent and mesne

profit, as determined by learned Courts below, if not

already paid, shall also be paid by him, within a period

of three months from today and the entire amount,

including the amount already deposited on this account,

will be disbursed to the respondents-plaintiffs.

(4 of 4) [CSA-113/2022]

(iii) Appellant-defendant shall further undertake that he will

not sub-let, assign or part with the possession of the

suit premises or any part thereof in favour of anyone

else and would not create any third party interest in the

same during the aforesaid period and if he does so, the

same will be treated as void.

(iv) The respondents-plaintiffs will furnish the details of

bank account number in which the arrears of rent,

mesne profit and regular mesne profit is now to be

deposited. Arrears of rent and mesne profit is to be

deposited by appellant-defendant within a period of

three months from today.

(v) On appellant-defendant furnishing the undertaking

aforesaid and abiding by the terms and conditions of

the order, respondents-plaintiffs shall not execute the

impugned decree till 31.12.2023.