Neki vs Geeta Devi (2023:Rj-Jd:35698)
2023 Latest Caselaw 8687 Raj

Citation : 2023 Latest Caselaw 8687 Raj
Judgement Date : 18 October, 2023

Rajasthan High Court - Jodhpur

Neki vs Geeta Devi (2023:Rj-Jd:35698) on 18 October, 2023

Bench: Rekha Borana

[2023:RJ-JD:35698]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Second Appeal No. 75/2023

1. Neki W/o Shri Dwarkadas, Aged About 75 Years, Resident Of Sunaron Ka Mohalla, Bikaner.

2. Chhoti W/o Shri Madan Lal Soni, Aged About 68 Years, Resident Of Sunaron Ka Mohalla, Bikaner.

3. Surja W/o Shri Shyam Soni, Aged About 63 Years, Resident Of Sunaron Ka Mohalla, Bikaner.

4. Dhanni Devi W/o Shri Shyam Soni, Aged About 58 Years, Resident Of Sunaron Ka Mohalla, Bikaner.

5. Harikishan S/o Shri Poonamchand Soni, Aged About 54 Years, Resident Of Kochron Ka Mohalla, Bikaner.

6. Vishnu S/o Shri Poonamchand Soni, Aged About 52 Years, Resident Of Kochron Ka Mohalla, Bikaner.

7. Champa Devi D/o Shri Poonamchand Soni, Aged About 45 Years, Resident Of Kochron Ka Mohalla, Bikaner.

----Appellants Versus

1. Geeta Devi W/o Shri Shankar Lal Soni, Resident Of Sunaron Ka Mohalla, Bikaner.

2. Suman D/o Shri Shankar Lal, Resident Of Sunaron Ka Mohalla, Bikaner.

3. Sarita D/o Shri Shankar Lal, Resident Of Sunaron Ka Mohalla, Bikaner.

4. Anand S/o Shri Shankar Lal, Resident Of Sunaron Ka Mohalla, Bikaner.

                                                                 ----Respondents



For Appellant(s)           :    Mr. Rakesh Arora
For Respondent(s)          :    Mr. Anil Gupta & Mr. Dinesh Chandra
                                Mali for Mr. Shreekant Verma





 [2023:RJ-JD:35698]                      (2 of 4)                         [CSA-75/2023]


              HON'BLE MS. JUSTICE REKHA BORANA

                                   Judgment

18/10/2023

1. The appellants-tenants have preferred the present second

appeal being aggrieved of the judgment and decree dated

02.02.2023 passed by the learned Additional District Judge No.4,

Bikaner in Civil Appeal Decree No.44/2016(CIS No.16/2016)

whereby the judgment and decree dated 28.11.2015 passed by

the Additional Civil Judge No.2, Bikaner in Civil Original Suit

No.461/2001 (NCV No.1727/2014) decreeing the suit preferred by

the respondents-plaintiffs seeking eviction of the appellants-

defendants from the suit property has been affirmed.

2. Learned counsel appearing for the appellants-defendants-

tenants submitted that the defendants are using the residential

premise in question since last 47 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 appellants-

tenants to vacate the said premise and to handover the vacant

possession of the same to the respondents-landlord.

3. Learned counsel for the respondents-landlord, on

instructions, does not oppose the submissions as made by learned

counsel appearing for the appellants-defendants.

4. 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 appellants-

defendants-tenants seems to be reasonable and deserves to be

granted as the appeal is not being pressed on merits.

[2023:RJ-JD:35698] (3 of 4) [CSA-75/2023]

5. Accordingly, it is directed as under:

i. The appellants-defendants-tenants shall handover the

peaceful and vacant possession of the said premise to the

respondents-plaintiffs-landlord on or before 31.12.2024;

ii. The appellants-defendants-tenants shall continue to pay

mesne profit at the rate of Rs.700/- per month (w.e.f.

01.11.2023) by 15th day of the next succeeding month or in

advance to the respondents-plaintiffs-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 appellants-defendants-tenants shall clear all the arrears

of rent (@Rs.360/- per month) and mesne profit as decreed

by the first appellate Court, if any, and pay the same to the

respondents-plaintiffs-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.

iv. The appellants-defendants-tenants 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 appellants-defendants-tenants 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.

[2023:RJ-JD:35698] (4 of 4) [CSA-75/2023]

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

the suit premises is not handed over to the respondents-plaintiffs

on or before 31.12.2024, or mesne profits are not paid as directed

above, besides the expeditious execution of the decree in normal

course, the respondents-plaintiffs-landlord shall also be entitled to

invoke the contempt jurisdiction of this Court.