Vinod Bhargava vs Kabutar Khana, Ladnu ...
2023 Latest Caselaw 8984 Raj

Citation : 2023 Latest Caselaw 8984 Raj
Judgement Date : 2 November, 2023

Rajasthan High Court - Jodhpur

Vinod Bhargava vs Kabutar Khana, Ladnu ... on 2 November, 2023

Bench: Rekha Borana

[2023:RJ-JD:37363]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 14/2023

Vinod Bhargava S/o Shri Ram Niwas, Aged About 45 Years, By Caste Bhargava, Outside Rahu Gate, Ladnu, District Nagaur.

----Appellant Versus Kabutar Khana, Ladnu, Through Its Manager Bajrang Lal S/o Late Shri Satya Narayan, Outside Rahu Gate, Ladnu, District Nagaur.

                                                                 ----Respondent


For Appellant(s)           :    Mr. Narendra Thanvi
For Respondent(s)          :    Mr. Rajesh Choudhary, Dr. Renu Bhati



              HON'BLE MS. JUSTICE REKHA BORANA

                                 Judgment

02/11/2023

1. The appellant-defendant-tenant has preferred the present

second appeal being aggrieved of the judgment and decree dated

29.10.2022 passed by the learned Additional District Judge,

Ladnu, District Nagaur in Civil Appeal Decree No.39/2021 whereby

the judgment and decree dated 05.05.2017 passed by the Civil

Judge, Ladnu, District Nagaur in Civil Original Suit No.34/2012

(122/2014) decreeing the suit preferred by the respondent-

plaintiff seeking eviction of the appellant-defendant from the suit

property has been affirmed.

2. In the present matter, vide order dated 04.10.2023, learned

counsel for the appellant was directed to complete his instructions

as to whether the appellant wishes to contest the present appeal

on merits or to seek time for vacation of the premises in question.

[2023:RJ-JD:37363] (2 of 3) [CSA-14/2023]

3. Today, on instructions, learned counsel for the appellant

submitted that the appellant is ready to vacate the premise in

question, if he is given reasonable time for the same.

4. Learned counsel for the respondent-landlord, on instructions,

does not oppose the submission as made by learned counsel

appearing for the appellant-defendant.

5. Having heard learned counsel for the parties 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 as the appeal is not being pressed on merits.

6. Accordingly, it is directed as under:

i. The appellant-defendant-tenant shall handover the peaceful

and vacant possession of the said premise to the

respondent-plaintiff-landlord on or before 30.06.2025;

ii. The appellant-defendant-tenant shall continue to pay mesne

profit at the rate of Rs.600/- per month 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 aforesaid period for eviction shall stand

reduced and the decree of eviction would become executable

forthwith;

iii. The appellant-defendant-tenant shall clear all the arrears of

rent and mesne profit as decreed by the first appellate

Court, if any, and pay the same to the respondent-plaintiff-

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

otherwise the same shall bear interest @9% per annum.

[2023:RJ-JD:37363] (3 of 3) [CSA-14/2023]

The amount already deposited/paid shall be adjusted from

the said amount.

iv. The appellant-defendant-tenant shall not sublet, assign or

part with the possession of the said premise 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.

v. The appellant-defendant-tenant shall furnish a written

undertaking incorporating the aforesaid conditions in the trial

Court within two months and one copy thereof along with

affidavit, in this Court.

7. It is made clear that if the peaceful and vacant possession of

the suit premises is not handed over to the respondent-plaintiff on

or before 30.06.2025, 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.