In a second appeal involving eviction, the High Court disposed of the appeal without interference but granted the appellant one month to file an undertaking, allowing them to vacate the premises by 31.08.2023 and preventing execution of the decree during this period.
Time granted to vacate premises by 31.08.2023; second appeal disposed of without interference.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Second Appeal No. 56/2021
Sohanlal S/o Laxminarayan, Aged About 65 Years, By Caste Tiwari, R/o Jorawarpura, Nokha, Tehsil Nokha, District Bikaner.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Nishant Madan For Respondent(s) : Mr. J. K. Bhaiya
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
18/08/2022
The present civil second appeal under Section 100 of the CPC has been preferred by the appellant-defendant against the judgment and decree dated 23.02.2021 passed by the learned Additional District Judge, Bikaner in civil appeal No.28/2020 whereby the learned First Appellate Court affirmed the judgment and decree dated 06.01.2011 passed by the learned Judge (Junior Division) Nokha, Bikaner, in Civil Original Suit No.41/2006 whereby eviction decree has been passed against the present appellant.
While arguing the present second appeal, it is very candidly submitted by learned counsel for the appellant that he is not
(2 of 3)
[CSA-56/2021]
pressing the present second appeal on merits, but only praying for grant of some time to vacate the suit premises.
Per contra, learned counsel appearing for the respondentslandlord submits that the from the date of passing of the impugned judgments and decrees, till this date, the appellant is in possession of the suit property, and therefore, no further time may be granted to the appellant to vacate the suit property.
Having regard to the facts and circumstances of the case and without interfering with the impugned judgments, the present second appeal is disposed of, subject to the condition that the appellant shall vacate the suit premises on or before 31.08.2023 and hand over vacated possession of the premises to the respondent-landlord. During the interregnum period, the appellant shall pay arrears and rent of the suit property and shall further continue to pay the mesne profit @ of Rs.2000/- per month. The respondent shall supply the bank account number to the appellant for depositing the amount of Rs.2000/- per month in his bank account. The appellant shall pay the mesne profit for use and occupation of the suit premises or before every 15th of every month without any delay. It is further ordered that the appellant shall furnish an undertaking before the learned trial court with the following stipulations:-
(i) The appellant shall furnish an undertaking in the trial court within one month incorporating to handover vacant and peaceful possession of the suit premises to the respondent-landlord on or before 31.08.2023 and shall also undertake not to cause and damage to it and shall also maintain the same as it is.
(ii) The appellant shall also pay mense profit @ of Rs.2000/- per month and will further continue to pay the same on 15th of every month, or in advance uptill the vacated possession is handed over to the landlord.
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[CSA-56/2021]
The arrears and mesne profit, if not already paid, shall also be paid by him within a period of one month from today.
(iii) Appellant shall further undertake that he will not sub-let, assign or part with the possession of the suit premises 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 he does so, the same will be treated as void.
(iv) The respondent will furnish the details of bank account number in which the amount of arrears of rent, mesne profit and regular mesne profit is now to be deposited. Arrears of the rent and mense profit is to be deposited by appellant within a period of one month from today.
(v) On appellant furnishing the undertaking aforesaid and abiding by the terms and conditions of the order, respondent shall not execute the impugned decree till 31.08.2023.
(MADAN GOPAL VYAS),J
25-nidhi/-
2 issues framed by the court
Whether the appellant should be granted time to vacate the suit premises pending disposal of the second appeal.
Whether the eviction decree should remain executable during the extended period granted to the appellant.
1 provisions across 1 enactments
Sohanlal S/o Laxminarayan
Ashok Kumar S/o Late Ramlal
Gaurishankar S/o Late Ramlal
Vimla Devi D/o Late Ramlal
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
