Gordhan Das vs Sunil (2023/Rjjd/012217)
2023 Latest Caselaw 3660 Raj

[2023/RJJD/012217]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 60/2023

Gordhan Das S/o Govind Lal Muchhal, Aged About 73 Years, Resident Of Paras Coffee House, Makrana, Tehsil Makrana, District Nagaur (Raj.)

----Appellant Versus

1. Sunil S/o Shriram, Resident Of Station Road, Makrana, Tehsil Makrana, District Nagaur. (Raj.)

2. Mukesh S/o Kalyan Mal, Resident Of Station Road, Makrana, Tehsil Makrana, District Nagaur. (Raj.)

----Respondents

For Appellant(s) : Mr. Sheetal Kumbhat Mr. Kunal Kalla For Respondent(s) : Mr. Narendra Thanvi

HON'BLE MS. JUSTICE REKHA BORANA

Order

26/04/2023

1. The appellant-tenant has preferred the present second

appeal being aggrieved of the judgment and decree dated

15.02.2023 passed by the learned Additional District Judge,

Makrana, Nagaur in Civil First Appeal No.08/2016 whereby the

judgment and decree dated 12.02.2016 passed by the Senior Civil

Judge, Makrana, Nagaur decreeing the suit preferred by the

respondent-plaintiffs seeking eviction of the appellant-defendant

under Section 106 of the Transfer of Property Act, 1882, has been

affirmed.

2. Learned counsel appearing for the appellant-defendant-

tenant submitted that the defendant is/was running the

coffee shop in the premise in question since last 35 years and

[2023/RJJD/012217] (2 of 3) [CSA-60/2023]

therefore, needs some reasonable time to vacate the shop in

question. Learned counsel submitted that he has instructions not

to press this appeal on merits but reasonable time may be granted

to the appellant-tenant to vacate the suit shop and to handover

the vacant possession of the same to the respondent-landlord.

3. Learned counsel Mr. Narendra Thanvi appearing for the

respondent-landlord, on instructions, does not oppose the

submissions as made by learned counsel appearing for the

appellant-defendant.

4. Having heard learned counsel for the appellant-defendant-

tenant and having perused the judgment and decree of the Courts

below, the prayer made by learned counsel for the appellant-

defendant-tenant seems to be reasonable and deserves to be

granted subject to the appeal not being pressed on merits.

5. Accordingly, it is directed that the appellant-defendant-

tenant shall handover the peaceful and vacant possession of the

suit shop to the respondent-plaintiff-landlord within a period of

one and a half year from today i.e. on or before 31.10.2024 and

shall, w.e.f. 01.05.2023, continue to pay mesne profit at the

enhanced rate of Rs.3,000/- per month (Rupees Three Thousand

only) by 15th day of the next succeeding month or in advance to

the respondent-plaintiff- landlord and in case there is any default

in payment of mesne profit, the period of one and half year for

eviction shall stand reduced and the decree of eviction would

become executable forthwith. The appellant-defendant-tenant

shall also clear all the arrears of rent, if any, and mesne profit and

pay the same to the respondent-plaintiff-landlord within three

months from today, if not paid till date, otherwise the same will

[2023/RJJD/012217] (3 of 3) [CSA-60/2023]

bear interest @9% per annum. The appellant-defendant-tenant

shall also not sublet, assign or part with the possession of the suit

shop 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 it is so done, the same would be treated as void.

The appellant- defendant-tenant shall furnish a written

undertaking incorporating the aforesaid conditions in the Trial

Court within three months and one copy thereof along with

affidavit, in this Court. It is made clear that if the peaceful and

vacant possession of the suitpremises is not handed over to the

respondent-plaintiff within a period of one and a half year from

today, i.e. upto 31.10.2024, or mesne profits are not paid as

directed above, besides the expeditious execution of the decree in

normal course, the respondent-plaintiff-landlord shall also be

entitled to invoke the contempt jurisdiction of this Court.

6. With the aforesaid directions, the present second appeal of

the appellant-defendant-tenant stands disposed of.

7. The stay application and all pending applications stand

disposed of.

(REKHA BORANA),J 13-T.Singh/-

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