Girdharilal S/O Shivkumar vs Santosh S/O Shivprasad ...
2023 Latest Caselaw 3027 Raj/2

[2023:RJ-JP:16548]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Second Appeal No. 347/2022

Girdharilal S/o Shivkumar, R/o Ward No. 7 Near Fatehpuriya
Darwaja Ramgarh Sethan District Sikar Raj.
                                                       ----Appellant/Defendant
                                     Versus
1.       Santosh S/o Shivprasad, (Deceased)
1/1.     Smt. Devki Jhunjhunuwala W/o Late Santosh, Resident Of
         Ward No. 13, Ramgharh Shekhawati District Sikar Raj.
1/2.     Manoj Kumar Jhunjhunwala S/o Late Santosh, Resident
         Of Ward No. 13, Ramgharh Shekhawati District Sikar Raj.
1/3.     Ganesh Kumar Jhunjhunwala S/o Late Santosh, Resident
         Of Ward No. 13, Ramgharh Shekhawati District Sikar Raj.
1/4.     Naresh Kumar Jhunjhunwala S/o Late Santosh, Resident
         Of Ward No. 13, Ramgharh Shekhawati District Sikar Raj.
                                                     ----Respondents/Plaintiffs

For Appellant(s) : Ms. Sonia Shandilya For Respondent(s) : Mr. Asgar Khan with Mr. Junaid Khan

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

03/08/2023

Learned counsel appearing for the appellant, on instructions,

does not press the appeal on merits and prays for a reasonable

time, i.e., upto 31.08.2025 to vacate the premises.

Learned counsel appearing for the respondents although has

no objection to the prayer made; however, he submits that the

appellant may be granted time subject to payment of a sum of

₹8000/- per month by way of mesne profit.

This is not objected to by the learned counsel for the

appellant.

In the aforesaid circumstance, the appeal is dismissed as not

pressed. The appellant is granted time upto 31.08.2025 to

[2023:RJ-JP:16548] (2 of 2) [CSA-347/2022]

handover vacant and peaceful possession of the rented premises

to the respondent(s) subject to following conditions:-

1. The entire arrears of rent/mesne profit till date, shall be deposited by the appellant in the bank account of respondent(s) within a period of eight weeks from today.

2. The appellant shall pay a sum of ₹8,000/- per month towards mesne profit to the respondents w.e.f. 01.09.2023 till vacation of the rented premises i.e. 31.08.2025, which may be deposited by him in the bank account of the respondent(s) by 10 th day of each succeeding month.

3. The appellant further undertakes that he shall not sub-let, assign or part with possession of rented premises or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period.

4. The appellant shall furnish a written undertaking incorporating aforesaid conditions before the learned Rent Tribunal within a period of four weeks from today.

It is made clear that in case the appellant does not comply

with any of aforesaid conditions, the learned Rent Tribunal shall

ensure his eviction without requiring the respondents to file a

separate execution petition even before aforesaid date and it will

be open for respondent(s) to initiate contempt proceeding in this

Court.

Pending application also stands disposed of.

(MAHENDAR KUMAR GOYAL),J

Manish/1

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