Rajasthan High Court - Jodhpur
Ghanshyamdan vs Subhash Khatri (2025:Rj-Jd:13780) on 12 March, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:13780]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Second Appeal No. 92/2025
Ghanshyamdan S/o Mool, Aged About 39 Years, Vill. Moolwas,
Tehsil Nokha, Distt. Bikaner.
----Appellant
Versus
Subhash Khatri S/o Bhawani Shankar, In Front Of Bhutada Oil
Hut, Gumanji Lakhara Chowk, Nokha, Distt. Bikaner.
----Respondent
For Appellant(s) : Mr. Om Prakash Bishnoi
For Respondent(s) : Mr. Rajat Arora
HON'BLE MS. JUSTICE REKHA BORANA
Judgment
12/03/2025
1. The present second appeal has been preferred aggrieved of
the judgment and decree dated 04.02.2025 passed by the
Additional District Judge, Naukha, District Bikaner in Appeal
Decree No.03/2024 (CIS No.03/2024) whereby the learned Court
affirmed the judgment and decree dated 22.07.2024 (except the
amount of mesne profit) passed by the Senior Civil Judge,
Naukha, District Bikaner in Civil Original Suit No.32/2021
decreeing the suit for eviction, recovery of possession and mesne
profit preferred by the respondent-plaintiff-landlord against the
appellant-defendant-tenant. Learned Appellate Court modified the
amount of mesne profit from Rs.22,000/- per month to
Rs.20,000/- per month.
2. Learned counsel appearing for the appellant 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 appeal on merits but reasonable time may be granted
[2025:RJ-JD:13780] (2 of 3) [CSA-92/2025]
to the appellant-tenant to vacate the suit shop and to handover
the vacant possession of the same to the respondent-landlord. He
however submits that the mesne profit as determined by the
Courts below deserves modification for the reason that a new gate
to the basement has been constructed by the landlord in front of
his shop which has hampered accessibility and user to his shop.
3. Learned counsel for the respondent-plaintiff-landlord does
not oppose the submissions as made by learned counsel appearing
for the appellant-defendant-tenant so far as grant of time is
concerned. But he did oppose the proposition of modification in
mesne profit.
4. Having heard learned counsel for the appellant-defendant-
tenant and having perused the judgment and decree/certificate of
the learned Courts, the prayer made by learned counsel for the
appellant-defendant-tenant seems to be reasonable and deserves
to be granted subject to the present appeal not being pressed on
merits.
5. Accordingly, it is directed that the appellant-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 31.09.2026 and shall, w.e.f.
01.04.2025, continue to pay mesne profit at the rate of
Rs.17,000/- per month (Rupees Seventeen Thousand 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.
[2025:RJ-JD:13780] (3 of 3) [CSA-92/2025]
6. The appellant-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 appellant-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 appellant-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
31.09.2026, 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
360-manila/-
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