Shivratan vs Rameshwarlal ...
2023 Latest Caselaw 8329 Raj

Citation : 2023 Latest Caselaw 8329 Raj
Judgement Date : 10 October, 2023

Rajasthan High Court - Jodhpur

Shivratan vs Rameshwarlal ... on 10 October, 2023

Bench: Rekha Borana

[2023:RJ-JD:34148]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 268/2023

Shivratan S/o Lunkaran, Aged About 73 Years, Resident Of Ward No. 10, Momasasr Baas, Station Road, Shri Dungargarh, Tehsil Shri Dungargarh, District Bikaner.

----Appellant Versus Rameshwarlal S/o Hariram, Resident Of Biggabaas, Shri Dungargarh, Tehsil Shri Dungargarh, District Bikaner.

                                                                     ----Respondent


For Appellant(s)              :    Mr. K.R. Saharan
For Respondent(s)             :    Mr. M.S. Purohit



              HON'BLE MS. JUSTICE REKHA BORANA

                                        Order

10/10/2023

1. The appellant-tenant has preferred the present first appeal

being aggrieved of the judgment and decree dated 04.07.2023

passed by the learned Additional District Judge, Shri Dungargarh,

District Bikaner in Civil Original Suit No.341/2013 whereby the suit

preferred by the respondent-plaintiff seeking eviction of the

appellant-defendant from the suit property has been decreed.

2. Learned counsel appearing for the appellant-defendant-

tenant submitted that the defendant is using the commercial

premise in question since last 40 years and therefore, need some

reasonable time to vacate the said 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 vacate the said premise and further, the rate of mesne

[2023:RJ-JD:34148] (2 of 3) [CFA-268/2023]

profit as granted by the learned Trial Court be reduced to

Rs.3,500/- per month.

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

does not oppose the submissions as made by learned counsel

appearing for the appellant-defendant.

4. Having heard learned counsel for the parties and having

perused the judgment and decree of the Court

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.

5. Accordingly, it is directed as under:

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

and vacant possession of the premise in question to the

respondent-plaintiff-landlord on or before 30.04.2025;

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

profit at the rate of Rs.3,500/- 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 @ Rs.3,500/- per month as decreed by

the learned Trial 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. The amount already deposited/paid shall

be adjusted from the said amount.

[2023:RJ-JD:34148] (3 of 3) [CFA-268/2023]

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.

6. 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 30.04.2025, 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.