Lrs Of Mohanlal vs Sri Agarwal Panchayat Trust ...
2023 Latest Caselaw 642 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Second Appeal No. 278/2022

1. Mohanlal, S/o Poonmaji Dhobi, R/o New Nehru Nagar, Shivganj District Sirohi late through legal representatives- 1/1. Ramesh Kumar S/o Late Mohanlal, Aged About 54 Years, R/o Shivganj Tehsil Shivganj, District Sirohi. 1/2. Suresh Kumar S/o Late Sh. Mohan Lal, Aged About 44 Years, R/o Shivganj Tehsil Shivganj, District Sirohi. 1/3. Smt. Leela Devi W/o Late Mohan Lal, Aged About 74 Years, R/o Shivganj Tehsil Shivganj, District Sirohi. 1/4. Smt. Sita Devi D/o Late Mohan Lal, Aged About 51 Years, W/o Dinesh, R/o Jhadol, District Udaipur. 1/5. Smt. Indra Devi D/o Late Mohan Lal, Aged About 48 Years, W/o Himmatlal, R/o Shivganj Tehsil Shivganj, District Sirohi.

1/6. Smt. Asha D/o Late Mohanlal, Aged About 41 Years, W/o Dinesh Deora, R/o Jodhpur Tehisl And District Jodhpur.

----Appellant Versus Sri Agarwal Panchayat Trust Shivganj, Through Secretary Mahesh Agarwal, Aged About 49 Years, B/c Agarwal R/o Shivganj Tehsil Shivganj District Sirohi.

                                                                 ----Respondent


For Appellant(s)           :    Ms Deepika Purohit
For Respondent(s)          :    Mr. Rakesh Arora (caveator)



            HON'BLE MS. JUSTICE REKHA BORANA

                                 Judgment

17/01/2023

The appellant-tenant has preferred the present second

appeal being aggrieved of the judgment and decree dated

(2 of 4) [CSA-278/2022]

17.10.2022 passed by the learned District Judge, Sirohi in Civil

First Appeal No.18/2018 whereby the judgment and decree dated

17.07.2018 passed by the Senior Civil Judge, Shivganj (Sirohi),

decreeing the suit preferred by the respondent-plaintiff seeking

eviction of the appellant-defendant under Section 106 of the

Transfer of Property Act, 1882, has been affirmed.

Learned counsel appearing for the appellant-defendant-

tenant Late Shri Mohanlal now represented by his legal

representatives submitted that the defendant/s is/was running the

laundry shop in the premise in question since last 40 years and

therefore, needs some reasonable time to vacate the shop in

question. Learned counsel submitted that she 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.

She further submitted that rent/mesne profit @ Rs.3,500/- per

month is being paid to the plaintiff-respondent-landlord.

Learned counsel Mr. Rakesh Arora appearing for the

respondent-landlord does not oppose the submissions as made by

learned counsel appearing for the appellant-defendant.

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 within a period of

one and half year from today i.e. on or before 31.07.2024 and

(3 of 4) [CSA-278/2022]

shall continue to pay mesne profit @ Rs.3,500/- per month

(Rupees Three Thousand Five Hundred 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 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 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 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 suit

premises is not handed over to the respondent-plaintiff within a

period of one and half year from today, i.e. upto 31.07.2024,

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.

(4 of 4) [CSA-278/2022]

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 below and both the parties

forthwith.

The stay application and all pending applications stand

disposed of.

(REKHA BORANA),J 42-Vij/-

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