Rajasthan High Court - Jodhpur
Omprakash Kankarwal vs The Central Co-Operative Bank Limited ... on 13 January, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:2175]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Second Appeal No. 197/2024
Omprakash Kankarwal S/o Late Mohan Lal Kankarwal, Aged
About 67 Years, Proprietor House Of Telerad, Shop No.2, Bank
Premises, Bhoplganj, Rajeev Gandhi Market, Bhilwara,
Rajasthan.
----Appellant
Versus
The Central Co-Operative Bank Limited, Bhilwara Through
Managing Director, Central Co-Operative Bank Limited,
Information Centre, Bhilwara, Rajasthan.
----Respondent
For Appellant(s) : Mr. Naman Maohnot
For Respondent(s) : Mr. Harish Kumar Porohit
HON'BLE MS. JUSTICE REKHA BORANA
Order
13/01/2025
1. The present appeal has been filed against the judgment and
decree dated 22.08.2024 passed by Additional District Judge No.2,
Bhilwara in Civil Original Appeal No.71/2023 whereby the
judgment and decree dated 31.07.2023 passed by Additional Civil
Judge No.2 Bhilwara in Original Suit No.666/2014 has been
affirmed.
2. Vide the judgment and decree dated 31.07.2023, the learned
Trial Court decreed the suit for eviction as filed by the plaintiff
Bank.
3. Learned counsel appearing for the appellant submitted that the
appellant-tenant needs some reasonable time to vacate the shop.
Learned counsel submitted that he has instructions not to press
this appeal on merits but reasonable time may be granted to the
[2025:RJ-JD:2175] (2 of 3) [CSA-197/2024]
appellant-tenant to vacate the suit shop and to handover the
vacant possession of the same to the respondent-Bank.
4. Learned counsel appearing for the respondent-landlord, on
instructions, does not oppose the submissions as made by learned
counsel appearing for the appellant-tenant.
5. Having heard learned counsel for the appellant-tenant and
having perused the judgment and decree/certificate of the Courts
below, the prayer made by learned counsel for the appellant-
tenant seems to be reasonable and deserves to be granted subject
to the present appeal not being pressed on merits.
6. Accordingly, it is directed that the appellant-tenant shall
handover the peaceful and vacant possession of the suit shop to
the respondent-Bank within a period of six months i.e. on or
before 01.07.2025 and shall, w.e.f. 01.02.2025, continue to pay
mesne profit as agreed between the parties by 15th day of the
next succeeding month or in advance to the respondent-landlord
and in case there is any default in payment of mesne profit, the
period of six months for eviction shall stand reduced and the
decree/certificate of eviction/possession would become executable
forthwith.
7. The appellant-tenant shall also clear all the arrears of rent, if
any, and mesne profit and pay the same to the respondent-
landlord within three months from today, if not paid till date,
otherwise the same will bear interest @9% per annum.
8. The appellant-tenant shall also not sublet, assign or part with
the possession of the suit shop or any part thereof in favour of
anyone else and would not create any third party interest in the
[2025:RJ-JD:2175] (3 of 3) [CSA-197/2024]
same during the aforesaid period and if it is so done, the same
would be treated as void.
9. The appellant-defendant-tenant shall furnish a written
undertaking incorporating the aforesaid conditions in the Trial
Court within a period of one month and one copy thereof
alongwith affidavit, in this Court.
10. It is made clear that if the peaceful and vacant possession of
the suit premises is not handed over to the respondent-plaintiff-
Bank within a period of six months i.e. upto 01.07.2025, besides
the expeditious execution of the decree/certificate in normal
course, the respondent-plaintiff-Bank shall also be entitled to
invoke the contempt jurisdiction of this Court.
11. With the aforesaid directions, the present writ petition stands
disposed of.
12. The stay application and all pending applications also stand
disposed of.
(REKHA BORANA),J
22-AbhishekK/-
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