Mohd. Shahzad Qureshi vs Lalit And Ors

The appellant/defendant, Mohd. Shahzad Qureshi has preferred this first appeal aggrieved by the impugned judgment and decree dated 10.04.2019 passed by learned Additional District Judge No.2, Abu Road, District Sirohi in Civil Original Suit No.30/2017 (CIS No.47/2008), whereby the suit filed by the respondents/plaintiff for eviction and recovery of rent against the appellant/defendant was decreed.

The respondents-plaintiff filed suit for eviction and recovery of rent in connection with the suit shop which was let out to the appellant/defendant on the payment of rent at the rate of Rs.2,100/-. The eviction was sought on account of default in payment of monthly rent by the appellant/defendant.

Learned counsel for the appellant/defendant upon instructions submits that the appellant/defendant is not pressing the appeal on merits and craving that a reasonable time may be granted to him to handover the vacant and peaceful possession of the suit shop.

Learned counsel for the respondents-landlord has very candidly accepted the proposal of learned counsel for the appellant to allow some time to the appellant for vacating the rented premises. After thorough deliberations, learned counsel for the respondent-landlord has agreed to allow a reasonable time to the appellant to vacate the premises preferably by 31st December, 2020 with the mesne profit @ Rs.2100/-.

The aforesaid reasonable period to vacate the premises as well as mesne profit @ Rs. 2100/- from 01.10.2019 is accepted by learned counsel for the appellant without any demure.

Accordingly, the present first appeal filed by the appellant/defendant is disposed of with a direction to the appellant/defendant to submit an undertaking to the effect that he will hand over the peaceful and vacant possession of the suit premises to the respondent/landlord on or before 31st December, 2020 with the following conditions:

(i) The appellant/defendant shall submit an undertaking and shall hand-over the vacant and peaceful possession of the suit shop in dispute to the respondent/plaintiff on or before 31st December, 2020 and shall not cause any damage to the rented property and shall maintain the same as it is. The respondent/plaintiff shall not execute the impugned decree till 31st December, 2020.

(ii) The appellant/defendant shall pay the mesne profit of Rs.2100/- per month from 01.10.2019 and will further continue to pay mesne profit every month by 15th day of the next succeeding month or in advance to the respondents-landlord uptil vacant possession is handed over to the respondents-landlord. The arrears of rent and mesne profit as determined by the Courts below, if not already paid, shall also be paid by the appellant within a period of three months from today and entire amount including the amount already deposited on this account will be disbursed to the respondent/plaintiff.

(iii) The appellant/defendant shall further undertake that he would 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 else the same will be treated as void.

(iv) The appellant/defendant shall furnish a written undertaking incorporating the aforesaid conditions before the trial Court by 15.10.2019 and one copy thereof along with affidavit in this Court.

(v) The respondents/plaintiff will give the details of his bank account number in which the arrears of rent or mesne profit and regular mesne profit now to be paid, will be deposited within a period of three months from today.

(vi) It is made clear that in case, the appellant/defendant does not comply with any of the aforesaid conditions, then it will be open for the respondents/plaintiff to get the decree passed in their favour executed forthwith even before the aforesaid date i.e. 31st December, 2020 and the respondents/plaintiff may also initiate contempt proceedings in this Court against the appellant/defendant.

A copy of this judgment be sent to the parties concerned and the learned Court below forthwith.