Shivratan vs Rameshwarlal

Rekha Borana, J

The appellant-tenant has preferred the present first appeal being aggrieved of the judgment and decree dated 04.07.2023 passed by the learned Additional District Judge, Shri Dungargarh, District Bikaner in Civil Original Suit No.341/2013 whereby the suit preferred by the respondent-plaintiff seeking eviction of the appellant-defendant from the suit property has been decreed.

Learned counsel appearing for the appellant-defendant-tenant submitted that the defendant is using the commercial premise in question since last 40 years and therefore, need some reasonable time to vacate the said premise in question. Learned counsel submitted that he has instructions not to press this appeal on merits but reasonable time may be granted to the appellant-tenant to vacate the said premise and further, the rate of mesne profit as granted by the learned Trial Court be reduced to Rs.3,500/- per month.

Learned counsel for the respondent-landlord, on instructions, does not oppose the submissions as made by learned counsel appearing for the appellant-defendant.

Having heard learned counsel for the parties and having perused the judgment and decree of the Court below, the prayer made by learned counsel for the appellant- defendant-tenant seems to be reasonable and deserves to be granted subject to the appeal not being pressed on merits.

Accordingly, it is directed as under:

i. The appellant-defendant-tenant shall handover the peaceful and vacant possession of the premise in question to the respondent-plaintiff-landlord on or before 30.04.2025;

ii. The appellant-defendant-tenant shall continue to pay mesne

profit at the rate of Rs.3,500/- per month 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 aforesaid period for eviction shall stand reduced and the decree of eviction would become executable forthwith;

iii. The appellant-defendant-tenant shall clear all the arrears of rent and mesne profit @ Rs.3,500/- per month as decreed by the learned Trial Court, if any, and pay the same to the respondent-plaintiff-landlord within three months from today, if not paid till date, otherwise the same shall bear interest @9% per annum. The amount already deposited/paid shall be adjusted from the said amount.

iv. The appellant-defendant-tenant shall not sublet, assign or part with the possession of the said 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.

v. The appellant-defendant-tenant shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court within two months and one copy thereof along with affidavit, in this Court.

It is made clear that if the peaceful and vacant possession of the suit premises is not handed over to the respondent-plaintiff on or before 30.04.2025, or mesne profits are not paid as directed above, besides the expeditious execution of the decree in normal course, the respondent-plaintiff-landlord shall also be entitled to invoke the contempt jurisdiction of this Court.

With the aforesaid directions, the present appeal of the appellant-defendant-tenant stands disposed of.

The stay application and all pending applications stand disposed of.