Suresh Kumar vs Banwarilal (2023:Rj-Jd:31710)
2023 Latest Caselaw 7698 Raj

Citation : 2023 Latest Caselaw 7698 Raj
Judgement Date : 26 September, 2023

Rajasthan High Court - Jodhpur

Suresh Kumar vs Banwarilal (2023:Rj-Jd:31710) on 26 September, 2023

Bench: Rekha Borana

[2023:RJ-JD:31710]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 153/2023

Suresh Kumar S/o Ramdas, Aged About 70 Years, R/o Abu Road District Sirohi, Rajasthan

----Appellant Versus Banwarilal S/o Shobharam, Aged About 83 Years, R/o Abu Road District Sirohi, Rajasthan

----Respondent

For Appellant(s) : Mr. Om Prakash Mehta (through VC) Mr. Harshvardhan For Respondent(s) : Mr. Narendra Thanvi

HON'BLE MS. JUSTICE REKHA BORANA

Order

26/09/2023

1. The appellant-tenant has preferred the present second

appeal being aggrieved of the judgment and decree dated

13.07.2023 passed by the learned Additional District Judge No.1,

Aburoad, District Sirohi in Civil Appeal Decree No.6/2018 whereby

the judgment and decree dated 18.01.2018 passed by the Senior

Civil Judge, Abuparvat, Camp-Aburoad in Civil Original Suit

No.95/2003 (CIS No.74/2014) dismissing the suit preferred by the

respondent-plaintiff seeking eviction of the appellant-defendant

from the suit property has been reversed.

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

[2023:RJ-JD:31710] (2 of 3) [CSA-153/2023]

on merits but reasonable time may be granted to the appellant-

tenant to vacate the said premise and to handover the vacant

possession of the same to the respondent-landlord.

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 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.

5. 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 31.03.2025;

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

profit at the rate of Rs.7000/- 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:31710] (3 of 3) [CSA-153/2023]

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.

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 31.03.2025, 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.