Rajasthan High Court - Jaipur
Gulab Chand vs Mitthan Lal Thr Lrs And Ors on 16 April, 2018
Author: Prakash Gupta
Bench: Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 190/2018
Gulab Chand S/o Ganeshi Lal B/c Mahajan, Aged About 70 Years,
Old R/o Plot No. 294, Rajendra Nagar, Scheme No.4 City District
Alwar Rajasthan
----Defendant No.1
Versus
1. Mitthan Lal S/o Shri Harish Chand B/c Mahajan, R/o
Kailash Colony, Alwar Rajasthan (Since Deceased)
1/1. Smt. Saraswati W/o Late Shri Mitthan Lal, R/o
Bhagatisingh Circle, Kailash Colony, Alwar Rajasthan
1/2. Tribhuvan S/o Late Shri Mitthan Lal, R/o Bhagatisingh
Circle, Kailash Colony, Alwar Rajasthan
1/3. Subhash S/o Late Shri Mitthan Lal, R/o Bhagatisingh
Circle, Kailash Colony, Alwar Rajasthan
1/4. Dhiraj Gupta S/o Late Shri Mitthan Lal, R/o Bhagatisingh
Circle, Kailash Colony, Alwar Rajasthan
1/5. Ved Prakash Gupta S/o Late Shri Mitthan Lal B/c Mahajan,
R/o Bhagatisingh Circle, Kailash Colony, Alwar Rajasthan
1/6. Smt. Sangeeta D/o Late Shri Mitthan Lal B/c Mahajan,
Presently R/o Sankhala Colony Beawar Rajasthan
1/7. Smt. Snehlata Gupta D/o Late Shri Mitthan Lal W/o Vinod
Gupta, B/c Mahajan, R/o Kesharganj, Ravan Ki Bagichi,
Distt. Ajmer Rajasthan
----Plaintiffs
2. Shiv Kumar S/o Gulab Chand, B/c Mahajan, 23 R/o
Rajendra Nagar, Scheme, No.4 Alwar Rajashan
3. Dharmendra Kumar S/o Gulab Chand, B/c Mahajan, 23
R/o Rajendra Nagar, Scheme, No.4 Alwar Rajashan
----Proforma Respondents Defendants No.2 and 3
For Appellant(s) : Mr. R K Agarwal, Senior Counsel assisted by Ms. Sunita Pareek For Respondent(s) : Mr. Mohit Gupta HON'BLE MR. JUSTICE PRAKASH GUPTA Judgment 16/04/2018 The instant Civil Second Appeal under Section 100 CPC has been filed by the defendant-appellant aggrieved by the judgment and decree dated 17 th February, 2018 passed by the (2 of 3) [CSA-190/2018] learned Additional District Judge No.1, Alwar whereby the learned court below has dismissed the appeal filed by the defendant- appellant against the judgment and decree dated 14 th December, 2011 passed by the Civil Judge (J.D.) No.1, Alwar in Civil Suit No.78/2000.
Learned senior counsel for the appellant Shri R K Agarwal after arguing the matter at some length, on instruction of his client, has not pressed this appeal on merits. The only prayer made by him is that time of two years may kindly be granted to the appellant to vacate the tenanted premises.
Learned counsel appearing for the respondent Shri Mohit Gupta on instructions of his clients has no objection in granting the time as prayed for by the appellant for vacating the tenanted premises.
In view of the aforesaid submission of learned counsel for the parties, this second appeal is being decided in the following terms:-
1. The defendant-appellant shall be entitled to continue in possession of the suit premises uptill 15 th April, 2020 but not beyond that, subject to condition that he would hand over the vacant and peaceful possession of the tenanted premises to the respondents on or before 15 th April, 2020.
2. The appellant shall deposit arrears of mesne profit, if any, due towards him up to 31st March, 2018 at the rate of Rs.920/- per month within a period of one month from today with the bank account of the respondents and thereafter, from the month of April, 2018, the appellant shall continue to deposit the mesne profit at the rate of Rs.2,500/- in the bank account of the respondents by 15th of each month.
(3 of 3) [CSA-190/2018]
3. The appellant shall not alienate or otherwise create third party right or hand over possession of the tenanted premises in question to any other person.
4. If the appellant fails to deposit the mesne profit consecutively for four months, the respondents shall be at liberty to execute the decree without any further reference to the Court.
Further, the appellant shall submit an undertaking on oath incorporating the aforesaid conditions before the Civil Judge (J.D.) No.1, Alwar within a period of four weeks from the date of this order. In case, the appellant fails to submit the undertaking as aforesaid within four weeks from today and/or commits breach of any of the conditions of this order, the respondents shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with law.
The second appeal stands disposed of accordingly, stay application is also disposed of.
(PRAKASH GUPTA),J Sanjay Gaur/66