Rajasthan High Court - Jodhpur
Shobhalal Paliwal vs Sharad Goyal on 23 July, 2020
Author: Arun Bhansali
Bench: Arun Bhansali
(1 of 3) [CFA-623/2019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil First Appeal No. 623/2019
Shobhalal Paliwal S/o Shri Shankerlal Paliwal, Aged About 65
Years, R/o Shobha Travels, Hotel Samrat International Premises,
Mount Abu District Sirohi.
----Appellant
Versus
1. Sharad Goyal S/o Shri Deokinandan Goyal, R/o Hotel
Samrat International, Mount Abu District Sirohi.
2. Smt. Nalini Goyal W/o Shri Ramesh Chandra Goyal, R/o
Proprietor Hotel Samrat International, Mount Abu
Through Her Authorised Representative And Power Of
Attorney Holder Shri Sharad Goyal S/o Shri Deokinandan
Goyal, R/o Hotel Samrat International, Mount Abu,
District Sirohi.
----Respondents
For Appellant(s) : Mr. Rajesh Shah.
For Respondent(s) : Mr. Narendra Thanvi.
Mr. Mahendra Thanvi.
HON'BLE MR. JUSTICE ARUN BHANSALI
Judgment 23/07/2020 After attempting to make submissions for sometime on the first appeal, learned counsel for the appellant submits that the appellant may be granted extra time for vacating the subject premises.
Heard learned counsel for the parties regarding grant of extra time to vacate the subject premises.
Learned counsel for the appellant submitted that the premises is commercial and the appellant is running his business (Downloaded on 23/07/2020 at 08:51:13 PM) (2 of 3) [CFA-623/2019] in the shop since long and may be granted 4 years' time for vacating the premises.
Learned counsel for the respondents opposed the prayer for grant of time. It was submitted that the proceedings were filed in the year 2014 and a meagre rent of about Rs.5,000/- only was being paid and that also is in arrears for over six years. It was submitted that in case time is granted, then reasonable amount of mesne profit be directed to be paid.
Having regard to the facts and circumstance of the case, it appears appropriate to allow time to the appellant to vacate the premises by 31st October, 2021 and allow mesne profit to the respondents until the appellant vacates the premises @ Rs.7,500/- per month from 01.08.2020 till 31.10.2021.
In view of the above, learned counsel for the appellant seeks withdrawal of the first appeal and the same is, therefore, dismissed as withdrawn. The stay application is also dismissed. However, the appellant is granted time to vacate the subject premises by 31st October, 2021 on the following conditions:-
(i) the appellant shall submit an undertaking supported by affidavit before the trial court within 3 weeks from today to the effect that on or before 31 st October, 2021 he shall handover the peaceful and vacant possession of the suit premises to the plaintiffs-respondents. He shall also undertake not to cause any damage to the suit premises nor to make any alternation and not to assign/sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance.
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(3 of 3) [CFA-623/2019]
(ii) the appellant shall deposit the arrears of the rent/mesne
profit as directed in the decree i.e. Rs.5,000/- per month till 31.07.2020 within a period of two months and shall further pay the amount for use and occupation of the suit premises @ Rs.7,500/- per month w.e.f. 01 st August, 2020 to the respondent-landlord or deposit the same in the saving bank account of the respondent month by month on or before 15 th day of the next month. The respondents or learned counsel for the respondents will give the details of the bank account, in which, the arrears of rent or mesne profit/month to month mesne profit will be deposited, to the appellant or counsel for the appellant within a period of two weeks from today.
(iii) it is made clear that in case the appellant do not comply with any of the aforesaid conditions or violate any terms of the undertaking, then it will be open for the respondents landlord to get the decree executed forthwith in accordance with law.
No costs.
(ARUN BHANSALI),J 53-Rmathur/-
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