Lalaram Saini Son Of Gyarsilal ... vs Rishi Jain Son Of Late Shri Santosh ...
2023 Latest Caselaw 4839 Raj/2

[2023:RJ-JP:22501]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 S.B. Civil Second Appeal No. 235/2023

Lalaram Saini Son Of Gyarsilal Saini, Aged About 60 Years,
Resident Of Malpura, Bandikui, Tehsil Baswa, District Dausa
(Raj.)
                                                          ----Appellant/Defendant
                                        Versus
1.       Rishi Jain Son Of Late Shri Santosh Kumar Jain, Resident
         Of Jain Bungalow, Station Road, Opposite Nagarpalika
         Office, Bandikui, Tehsil Baswa, District Dausa (Raj.).
         Presently Resident Of 16, Radhikapuram, Jagatpura,
         Jaipur (Raj.)
2.       Suresh Kumar Jain Son Of Shri Kapoorchand Jain,
         Resident Of A-3/63, Sector No. 3, Rohni Avintaka, (North-
         West), Delhi.
3.       Ashok Kumar Jain Son Of Kapoorchand Jain, Resident Of
         L-117/l/11, Naveen Nagar, Kakadev, Kanpur (U.p.)
                                                                     ----Respondents

For Appellant(s) : Mr. Shiv Shanker Choudhary For Respondent(s) : Mr. Abhi Goyal

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

13/09/2023

Learned counsel appearing for the appellant, on instructions,

does not press the second appeal on merits and prays for a

reasonable time (upto 31.03.2025) to vacate the premises.

Learned counsel appearing for the respondents has no

objection to the prayer made; however, he submits that the appellant

may be granted time subject to payment of a sum of Rs.4,500/- per

month by way of mesne profit.

This is not objected by the learned counsel for the appellant.

[2023:RJ-JP:22501] (2 of 2) [CSA-235/2023]

In the aforesaid circumstance, the second appeal is dismissed

as not pressed. The appellant is granted time upto 31.03.2025 to

hand over vacant and peaceful possession of the rented premises to

the respondents subject to following conditions:-

1. The entire arrears of rent/mesne profit till date, shall be deposited by the appellant in the bank account of respondents within a period of twelve weeks from the date of the order.

2. The appellant shall pay a sum of ₹4.500/- per month towards mesne profit to the respondents from 01.10.2023 till vacation of the rented premises i.e. on or before 31.03.2025, which may be deposited by him in the bank account of the respondents by 10 th day of each succeeding month.

3. The appellant further undertakes that he shall not sub-let, assign or part with possession of rented premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period.

4. The appellant shall furnish a written undertaking incorporating aforesaid conditions before the learned trial Court within a period of four weeks from today.

It is made clear that in case, appellant does not comply with

any of aforesaid conditions, the learned trial Court shall ensure his

eviction without requiring respondents to file a separate execution

petition even before aforesaid date and it will also be open for

respondents to initiate contempt proceedings in this Court.

The stay application also stands disposed of.

(MAHENDAR KUMAR GOYAL),J

Sudha/148

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