Jagdishchand vs Lrs Of Puranchand ...
2023 Latest Caselaw 1897 Raj

[2023/RJJD/005640] (1 of 4) [CSA-192/2017]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 192/2017

Jagdishchand S/o Mukandilal, By Caste Jain, age - 73 years, Resident of - Parsichaal, Abu Road, Tehsil- Abu Road, District- Sirohi. Rajasthan. (Now Deceased) through his Legal Representatives:

1/1. Amit Jain S/o Jagdishchand, by caste Jain, age - 49 years, Resident of Parsichaal, Abu Road,Tehsil Abu Road, District Sirohi.

1/2. Sakuntka Devi Jain W/o Jagdishchand, by caste Jain, age -

75 years, Resident of Parsichaal, Abu Road, Tehsil Abu Road, District Sirohi.

1/3. Sarika Nagori W/o Shashi Nand Nagori, age - 46 years, Resident of C-503, Rass Vasant Utsav Thakur Village, Kandivali (East), Mumbai - 400101.

1/4. Ayushi Goyal W/o Panil Kumar Goyal, age - 41 years, Resident of - F-620, RIICO Colony, Abu Road, District Sirohi.

----Appellants Versus Puranchand S/o Hariram Gupta, By Caste Agrawal, Resident of Abu Road through his Legal Representatives: 1/1. Smt. Rama Devi alias Ram Devi, W/o Puranchand, age -

adult, by caste Agrawal, Resident of Gandhinagar, Abu Road, District Sirohi.

1/2. Satishchand S/o Puranchand, age - adult, by caste Agrawal, Resident of Gandhinagar, Abu Road, District - Sirohi. 1/3. Smt. Manju W/o Rakeshchandra Gupta D/o Puranchand, age

- adult, by caste Agrawal, Resident of Netaji Park Society, Mehsana (Gujarat).

                                                                 ----Respondents


  For Appellant(s)           :     Mr. Shreyansh Mardia
  For Respondent(s)          :     Mr. Sunil Purohit





 [2023/RJJD/005640]                      (2 of 4)                       [CSA-192/2017]

             HON'BLE MS. JUSTICE REKHA BORANA

                                        Order

17/02/2023

      The present second appeal                    has     been     preferred being

aggrieved of the judgment dated 23.05.2017 passed by the

Additional District Judge No.2, Abu Road in Civil First Appeal

No.28/2016 whereby, while allowing the appeal filed by the

respondent-plaintiff, the judgment and decree dated 02.06.2007

passed by the Civil Judge, Abu Road in Civil Original Suit

No.79/1986 rejecting the suit of the plaintiff for eviction and

recovery of rent, has been reversed.

Learned counsel appearing for the appellant-defendant-

tenant Late Shri Jagdishchand, now represented by his legal

representatives, submitted that the defendant/s was/were running

the business in the premise in question since last more than 35

years and therefore, needs some reasonable time to vacate the

premise 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 hand over the vacant

possession of the same to the respondent-landlord. He further

submitted that rent/mesne profit @2000/- per month as directed

by this Court vide order dated 12.10.2017 is being paid and the

arrears if any would be paid to the plaintiff-respondent-landlord.

Learned counsel Mr. Sunil Purohit appearing for the

respondent-landlord does not oppose the submissions as made by

learned counsel appearing for the appellant-defendant but made a

submission that the mesne profits in pursuance to the order dated

12.10.2017 have not been paid by the appellant-tenant and

[2023/RJJD/005640] (3 of 4) [CSA-192/2017]

therefore, he may be directed to pay the complete arrears qua the

mesne profits.

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.

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 on or before

31.12.2023 and shall continue to pay mesne profit @ Rs.2,000/-

per month (Rupees Two Thousand only) by 15 th 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 time for eviction till 31.12.2023 shall stand reduced and

the decree of eviction would become executable forthwith. The

appellant-defendant-tenant shall also clear all the arrears of rent

and mesne profit and pay the same to the respondent-plaintiff-

landlord within two months from today, if not paid till date,

otherwise the same will 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.

As in the present matter, the execution petition has already

been preferred by the plaintiff-landlord and the same is pending

before the Executing Court, it is hereby directed that the further

[2023/RJJD/005640] (4 of 4) [CSA-192/2017]

proceedings in the same shall remain stayed uptil 31.12.2023. If

the peaceful and vacant possession of the suit premises is not

handed over to the plaintiff-landlord on or before 31.12.2023 or

mesne profits as payable are not paid as directed above, further

proceedings would be taken up by the Executing Court forthwith

and the present order would come to an end.

With the aforesaid directions, the present second appeal of

the appellant-defendant-tenant stands disposed of. A copy of this

order be sent to the learned Trial Court forthwith.

Both the stay applications and all pending applications stand

disposed of.

(REKHA BORANA),J 47-T.Singh/-

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