Rajasthan High Court - Jodhpur
Shri Lakshminarayan vs Vijayraaj Jain (Baradiya) ... on 28 January, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:5442]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil First Appeal No. 366/2023
Shri Lakshminarayan S/o Tolaram, Aged About 76 Years,
Resident Of Aadsar Baas, Shri Dungargarh, Tehsil - Shri
Dungargarh, District - Bikaner. (Shop Address - Main Market, Sri
Dungargarh) (Defendant)
----Appellant
Versus
Vijayraaj Jain (Baradiya) S/o Late Prathviraj Baradiya, Resident
Of Aadsar Baas, Shri Dungargarh, Tehsil - Shri Dungargarh,
District - Bikaner. (Plaintiff)
----Respondent
Connected With
S.B. Civil First Appeal No. 365/2023
Shri Lakshminarayan S/o Tolaram, Aged About 76 Years,
Resident Of Aadsar Baas, Shri Dungargarh, Tehsil - Shri
Dungargarh, District - Bikaner. (Shop Address - Main Market, Sri
Dungargarh) (Defendant)
----Appellant
Versus
Vijayraaj Jain (Baradiya) S/o Late Prathviraj Baradiya, Resident
Of Aadsar Baas, Shri Dungargarh, Tehsil - Shri Dungargarh,
District - Bikaner. (Plaintiff)
----Respondent
For Appellant(s) : Mr. K.R. Saharan
For Respondent(s) : Mr. Rakesh Chotia
HON'BLE MS. JUSTICE REKHA BORANA
Judgment
28/01/2025
1. The present appeals have been preferred aggrieved of the
judgments and decrees dated 01.09.2023 & 02.09.2023 passed by
the Additional District Judge, Sri Dungargarh in Civil Original Suit
Nos.07/2010 (CIS No.48/2010) & 08/2010 (CIS No.49/2010)
respectively whereby the learned Court has decreed the suit(s)
filed by the respondent-plaintiff seeking eviction of the appellant-
tenant from the suit shop/premise.
[2025:RJ-JD:5442] (2 of 3) [CFA-366/2023]
2. Learned counsel appearing for the appellant submitted that
the appellant-tenant needs some reasonable time to vacate the
shop/premise in question. Learned counsel submitted that he has
instructions not to press these appeals on merit but reasonable
time be granted to the appellant-tenant to vacate the suit
shop/premise and to handover the vacant possession of the same
to the respondent-landlord.
3. Learned counsel appearing for the respondent-landlord, on
instructions, does not oppose the submissions as made by learned
counsel appearing for the appellant-tenant.
4. Having heard learned counsel for the appellant-
tenant and having perused both the judgments and
decree/certificates 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 appeals not
being pressed on merit.
5. Accordingly, it is directed that the appellant-
tenant shall handover the peaceful and vacant possession of the
suit shop/premise to the respondent-landlord within a period of
one and a half year i.e. on or before 31.07.2026 and shall, w.e.f.
01.02.2025, continue to pay mesne profit at the enhanced rate of
Rs.15,000/- per month {Rs.10,000/- per month (Rupees Ten
Thousand only) (In Suit No.07/2010) and Rs.5,000/- per month
(Rupees Five Thousand only) (In Suit No.08/2010)} by 15 th 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 one and a half year for eviction shall stand
[2025:RJ-JD:5442] (3 of 3) [CFA-366/2023]
reduced and the decree/certificate of eviction/possession would
become executable forthwith.
6. 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. The
appellant-tenant shall also not sublet, assign or part with the
possession of the suit shop/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.
7. The appellant-tenant shall furnish a written undertaking
incorporating the aforesaid conditions before the learned Trial
Court within a period of one month and one copy thereof along
with affidavit, in this Court.
8. It is made clear that if the peaceful and vacant possession of
the suit shop/premise is not handed over to the respondent-
landlord within a period of one and a half year i.e. upto
31.07.2026, or mesne profits are not paid as directed above,
besides the expeditious execution of the decree/certificate in
normal course, the respondent-landlord shall also be entitled to
invoke the contempt jurisdiction of this Court.
9. With the aforesaid directions, the present appeals stand
disposed of.
10. The stay applications and pending applications also stand
disposed of.
(REKHA BORANA),J
164-165/praveen/-
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