Rajasthan High Court - Jodhpur
Lrs Of Late Govind Ram vs Parasmal Jain Bardatya ... on 4 March, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:12037]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Second Appeal No. 91/2025
1. Lrs Of Late Govind Ram, S/o Mularam, R/o Sadar Market,
Jhanda Chok, Ladunu, Nagaur.
1/1. Imarti Devi W/o Late Govindram, Aged About 77 Years,
R/o Khatik Basti, Near Madina Masjid Teli Road, Ladnun.
1/2. Vijay Kumar S/o Late Govindram, Aged About 47 Years,
R/o Khatik Basti, Near Madina Masjid Teli Road, Ladnun.
1/3. Ashok Kumar S/o Late Govind Ram, Aged About 44 Years,
R/o Khatik Basti, Near Madina Masjid Teli Road, Ladnun.
1/4. Sanjay Kumar S/o Late Govindram, Aged About 42 Years,
R/o Khatik Basti, Near Madina Masjid Teli Road, Ladnun.
1/5. Sushila W/o Late Kailash, Aged About 40 Years, R/o
Khatik Basti, Near Madina Masjid Teli Road, Ladnun.
1/6. Komal D/o Late Kailash, Aged About 25 Years, R/o Khatik
Basti, Near Madina Masjid Teli Road, Ladnun.
1/7. Savita D/o Late Kailash, Aged About 23 Years, R/o Khatik
Basti, Near Madina Masjid Teli Road, Ladnun.
----Appellants
Versus
Parasmal Jain Bardatya S/o Late Sohan Lal, R/o Ladnun, Raj. At
Present R/o M.i.g. - B/113, Harmu Housing Colony, Ranchi -
834002 Jharkhand
----Respondent
Connected With
S.B. Civil Second Appeal No. 3/2025
1. Lrs Of Late Govind Ram, S/o Mularam, R/o Sadar Market,
Jhanda Chok, Ladunu, Nagaur.
1/1. Imarti Devi W/o Late Govindram, Aged About 77 Years,
R/o Khatik Basti, Near Madina Masjid Teli Road, Ladnun.
1/2. Vijay Kumar S/o Late Govindram, Aged About 47 Years,
R/o Khatik Basti, Near Madina Masjid Teli Road, Ladnun.
1/3. Ashok S/o Late Govindram, Aged About 44 Years, R/o
Khatik Basti, Near Madina Masjid Teli Road, Ladnun.
1/4. Sanjay Kumar S/o Late Govindram, Aged About 42 Years,
R/o Khatik Basti, Near Madina Masjid Teli Road, Ladnun.
1/5. Sushila W/o Late Kailash, Aged About 40 Years, R/o
(Downloaded on 28/03/2025 at 09:54:16 PM)
[2025:RJ-JD:12037] (2 of 7) [CSA-91/2025]
Khatik Basti, Near Madina Masjid Teli Road, Ladnun.
1/6. Komal D/o Late Kailash, Aged About 25 Years, R/o Khatik
Basti, Near Madina Masjid Teli Road, Ladnun.
1/7. Savita D/o Late Kailash, Aged About 23 Years, R/o Khatik
Basti, Near Madina Masjid Teli Road, Ladnun.
----Appellants
Versus
Parasmal Jain Barjatya S/o Late Sohan Lal, R/o Ladnun, Raj. At
Present R/o M.i.g. - B. / 113, Harmu Housing Colony, Ranchi -
834002 Jharkhand.
----Respondent
For Appellant(s) : Mr. J.K. Bhaiya
Mr. Sanjay Kumar, petitioner present
in person
For Respondent(s) : Mr. Sheetal Kumbhat
Mr. Paras Mal Jain, respondent
present in person
HON'BLE MS. JUSTICE REKHA BORANA
Order
04/03/2025
In S.B. Civil Second Appeal No.91/2025
1. The present second appeal has been preferred aggrieved of
the judgment and decree dated 21.12.2024 passed by the
Additional District & Sessions Judge, Ladnun District Nagaur in
Civil Regular Appeal C.I.S. No.16/2022 whereby the Court
affirmed the judgment and decree dated 30.04.2022 passed by
the Civil Judge, Ladnun District Nagaur in Civil Original Suit
No.32/2013 (CIS No.155/2014) whereby the suit for eviction,
recovery of possession and mesne profit preferred by the
respondent-plaintiff-landlord against the petitioner-defendant
stood decreed.
[2025:RJ-JD:12037] (3 of 7) [CSA-91/2025]
2. Learned counsel appearing for the petitioner submitted that
the defendant needs some reasonable time to vacate the shop in
question. Learned counsel submitted that he has instructions not
to press this petition on merits but reasonable time may be
granted to the petitioner-tenant to vacate the suit shop and to
handover the vacant possession of the same to the respondent-
landlord.
3. Respondent-landlord, present in person, does not oppose the
submissions as made by learned counsel appearing for the
petitioner-defendant-tenant.
4. Having heard learned counsel for the petitioner-defendant-
tenant and having perused the judgment and decree/certificate of
the Courts below, the prayer made by learned counsel for the
petitioner-defendant-tenant seems to be reasonable and deserves
to be granted subject to the present petition not being pressed on
merits.
5. Accordingly, it is directed that the petitioner-defendant-
tenant shall handover the peaceful and vacant possession of the
suit shop to the respondent-plaintiff-landlord within a period of
one and a half year i.e. on or before 30.09.2026 and shall, w.e.f.
01.04.2025, continue to pay mesne profit at the enhanced rate of
Rs.3,000/- per month (Rupees Three Thousand only) by 15 th 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 period of one and a half year for eviction shall
stand reduced and the decree/certificate of eviction/possession
would become executable forthwith.
[2025:RJ-JD:12037] (4 of 7) [CSA-91/2025]
6. The petitioner-defendant-tenant shall also clear all the
arrears of rent, if any, and mesne profit and pay the same to the
respondent-plaintiff-landlord within three months from today, if
not paid till date, otherwise the same will bear interest @9% per
annum.
7. The petitioner-defendant-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 same during the aforesaid period and if it is so
done, the same would be treated as void.
8. The petitioner-defendant-tenant shall furnish a written
undertaking incorporating the aforesaid conditions in the Trial
Court within a period of two months and one copy thereof along
with affidavit, in this Court.
9. It is made clear that if the peaceful and vacant possession of
the suit premises is not handed over to the respondent-plaintiff-
landlord within a period of one and a half year i.e. on or before
30.09.2026, or mesne profits are not paid as directed above,
besides the expeditious execution of the decree/certificate in
normal course, the respondent-plaintiff-landlord shall also be
entitled to invoke the contempt jurisdiction of this Court.
10. With the aforesaid directions, the present second appeal
stands disposed of.
11. The stay application and all pending applications also stand
disposed of.
[2025:RJ-JD:12037] (5 of 7) [CSA-91/2025]
In S.B. Civil Second Appeal No.3/2025
1. The present second appeal has been preferred aggrieved of
the judgment and decree dated 21.12.2024 passed by the
Additional District & Sessions Judge, Ladnun District Nagaur in
Civil Regular Appeal C.I.S. No.14/2022 whereby the Court
affirmed the judgment and decree dated 30.04.2022 passed by
the Civil Judge, Ladnun District Nagaur in Civil Original Suit
No.34/2013 (CIS No.158/2014) whereby the suit for eviction,
recovery of possession and mesne profit preferred by the
respondent-plaintiff-landlord against the petitioner-defendant
stood decreed.
2. Learned counsel appearing for the petitioner submitted that
the defendant needs some reasonable time to vacate the shop in
question. Learned counsel submitted that he has instructions not
to press this petition on merits but reasonable time may be
granted to the petitioner-tenant to vacate the suit shop and to
handover the vacant possession of the same to the respondent-
landlord.
3. Respondent-landlord, present in person, does not oppose the
submissions as made by learned counsel appearing for the
petitioner-defendant-tenant.
4. Having heard learned counsel for the petitioner-defendant-
tenant and having perused the judgment and decree/certificate of
the Courts below, the prayer made by learned counsel for the
petitioner-defendant-tenant seems to be reasonable and deserves
to be granted subject to the present petition not being pressed on
merits.
[2025:RJ-JD:12037] (6 of 7) [CSA-91/2025]
5. Accordingly, it is directed that the petitioner-defendant-
tenant shall handover the peaceful and vacant possession of the
suit shop to the respondent-plaintiff-landlord within a period of
one and a half year i.e. on or before 30.09.2026 and shall, w.e.f.
01.04.2025, continue to pay mesne profit at the enhanced rate of
Rs.2,500/- per month (Rupees Two Thousand Five Hundred only)
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 period of one and a half year for
eviction shall stand reduced and the decree/certificate of eviction/
possession would become executable forthwith.
6. The petitioner-defendant-tenant shall also clear all the
arrears of rent, if any, and mesne profit and pay the same to the
respondent-plaintiff-landlord within three months from today, if
not paid till date, otherwise the same will bear interest @9% per
annum.
7. The petitioner-defendant-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 same during the aforesaid period and if it is so
done, the same would be treated as void.
8. The petitioner-defendant-tenant shall furnish a written
undertaking incorporating the aforesaid conditions in the Trial
Court within a period of two months and one copy thereof along
with affidavit, in this Court.
9. It is made clear that if the peaceful and vacant possession of
the suit premises is not handed over to the respondent-plaintiff-
landlord within a period of one and a half year i.e. on or before
[2025:RJ-JD:12037] (7 of 7) [CSA-91/2025]
30.09.2026, or mesne profits are not paid as directed above,
besides the expeditious execution of the decree/certificate in
normal course, the respondent-plaintiff-landlord shall also be
entitled to invoke the contempt jurisdiction of this Court.
10. With the aforesaid directions, the present second appeal
stands disposed of.
11. The stay application and all pending applications also stand
disposed of.
(REKHA BORANA),J
245,246-T.Singh/-
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