Rajasthan High Court
Rajesh Dhobi Son Of Late Shri ... vs M/S Khadi Gram Udyog Mandal ... on 7 August, 2023
Bench: Mahendar Kumar Goyal
[2023:RJ-JP:16842]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 57/2023
1. Rajesh Dhobi Son Of Late Shri Mangalram, Aged About 45
Years, R/o Shop No. A, Plot No. S-6-B, Sulaniya Bhawan,
Kabir Marg, Banipark Jaipur (Raj.)
2. Chhotu Dhobi Son Of Late Shri Mangalram, Aged About
43 Years, R/o Shop No. A, Plot No. S-6-B, Sulaniya
Bhawan, Kabir Marg, Banipark Jaipur (Raj.)
3. Sanjay Dhobi Son Of Late Shri Mangalram, Aged About 40
Years, R/o Shop No. A, Plot No. S-6-B, Sulaniya Bhawan,
Kabir Marg, Banipark Jaipur (Raj.)
4. Puranmal Dhobi Son Of Late Shri Mangalram, Aged About
39 Years, R/o Shop No. A, Plot No. S-6-B, Sulaniya
Bhawan, Kabir Marg, Banipark Jaipur (Raj.)
5. Smt Lali Devi D/o Late Shri Mangalram, R/o Shop No. A,
Plot No. S-6-B, Sulaniya Bhawan, Kabir Marg, Banipark
Jaipur (Raj.)
6. Smt Sushila W/o Late Shri Jaydev Dobhi, Aged About 49
Years, R/o Shop No. A, Plot No. S-6-B, Sulaniya Bhawan,
Kabir Marg, Banipark Jaipur (Raj.)
7. Kumari Rekha D/o Late Shri Jaydev Dhobi, Aged About 26
Years, R/o Shop No. A, Plot No. S-6-B, Sulaniya Bhawan,
Kabir Marg, Banipark Jaipur (Raj.)
8. Ajay Son Of Late Shri Jaydev Dhobi, aged about 22 years,
R/o Shop No. A, Plot No. S-6-B, Sulaniya Bhawan, Kabir
Marg, Banipark Jaipur (Raj.)
9. Vijay Son Of Late Shri Jaydev Dhobi, Aged About 20
Years, R/o Shop No. A, Plot No. S-6-B, Sulaniya Bhawan,
Kabir Marg, Banipark Jaipur (Raj.)
----Defendants-Appellants
Versus
M/s Khadi Gram Udyog Mandal Amarsar, Bapu Basti, Amarsar,
District Jaipur Through Its Maanad Mantri Bhanwar Lal Verma
R/o Plot No. S-6-B, Sulaniay Bhawan Kabir Marg, Banipark,
Jaipur. (Raj.)
----Respondent
For Appellant(s) : Mr. Amitabh Jatav
For Respondent(s) : Mr. Faraz Hussain
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
07/08/2023
[2023:RJ-JP:16842] (2 of 3) [CSA-57/2023]
Learned counsel appearing for the appellants, on
instructions, does not press the appeal on merits and prays for a
reasonable time, i.e., upto 28.02.2025 to vacate the premises.
Learned counsel appearing for the respondent(s) although
has no objection to the prayer made; however, he submits that
the appellants may be granted time subject to payment of a sum
of ₹7,500/- per month by way of mesne profit.
This is not objected to by the learned counsel for the
appellants.
In the aforesaid circumstance, the appeal is dismissed as not
pressed. The appellants are granted time upto 25.02.2025 to
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 appellants in the bank
account of respondent(s) within a period of four weeks
from today.
2. The appellants shall pay a sum of ₹7,500/- per
month towards mesne profit to the respondent(s)
w.e.f. 01.09.2023 till vacation of the rented premises
i.e. 25.02.2025, which may be deposited by them in
the bank account of the respondent(s) by 10 th day of
each succeeding month.
3. The appellants further undertake that they 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 appellants shall furnish a written undertaking
incorporating aforesaid conditions before the learned
Rent Tribunal within a period of four weeks from today.
[2023:RJ-JP:16842] (3 of 3) [CSA-57/2023]
It is made clear that in case the appellants do not comply
with any of aforesaid conditions, the learned trial Court shall
ensure their 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/61
Powered by TCPDF (www.tcpdf.org)
