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2004 DIGILAW 1093 (RAJ)

Jeth Mal v. Swaroop Raj.

2004-08-03

SUNIL KUMAR GARG

body2004
JUDGMENT 1. - This second appeal has been filed by the appellant-defendant against the judgment and decree dated 16.7.2002 passed by the learned Addl. District Judge No. 1, Jodhpur in Civil Appeal No. 60/99 by which he allowed the appeal of the respondents-plaintiffs and set aside the judgment and order dated 24.9.1999 passed by the learned Addl. Civil Judge (JD) No. 2, Jodhpur in Civil Original Suit No. 176/95 dismissing the suit of the respondents-plaintiffs and decreed the suit filed by the respondents-plaintiffs against appellant-defendant for eviction from shop in question. 2. I have heard the learned counsel for the appellant-defendant and the learned counsel for the respondents-plaintiffs and gone through the record of the case. 3. After going through and perusing the impugned appellate judgment, it does not appear that the findings given on personal and bona fide necessity suffer from any basic infirmity or illegality and therefore, they are liable to be confirmed and thus, on merits, I find that no substantial question of law arises in this second appeal and the same deserves to be dismissed. 4. During the course of arguments, it has been further submitted by the learned counsel for the appellant-defendant that in case this Court comes to the conclusion that there is no merit in this second appeal then some time may be granted to vacate and handover the possession of the shop in question to the plaintiffs-respondents. 5. The learned counsel for the respondents-plaintiffs has no objection if some time is granted to the appellant-defendant to vacate and handover the possession of the shop in question. 6. In my considered opinion, looking to the entire facts and circumstances of the case, ends of justice would be met if time upto 25 30.11.2005 is granted to the appellant-defendant to vacate and hand over the possession of the shop in question to the plaintiffs-respondents. Accordingly, this second appeal filed by the appellant-defendant is dismissed after confirming the judgment and decree dated 16.7.2002 passed by the learned Addl. District Judge No. 1, Jodhpur allowing the appeal of the plaintiffs-respondents and setting aside the judgment and order of learned Addl. Civil Judge (JD) No. 2, Jodhpur dated 24.9.1999 and decreeing the suit filed by the plaintiffs-respondents against appellant-defendant for eviction from shop in question. District Judge No. 1, Jodhpur allowing the appeal of the plaintiffs-respondents and setting aside the judgment and order of learned Addl. Civil Judge (JD) No. 2, Jodhpur dated 24.9.1999 and decreeing the suit filed by the plaintiffs-respondents against appellant-defendant for eviction from shop in question. However, the appellant-defendant is granted time upto 30.11.2005 to vacate and hand over the possession of the shop in question to the respondents-plaintiffs and this liberty of handing over the possession of the shop in question to the respondents-plaintiffs upto 30.11.2005 shall be subject to fulfilling the following conditions by the appellant-defendant:- (i) That the appellant-defendant shall furnish an undertaking duly supported by an affidavit within 15 days from today in the Court of Addl. District Judge No. 1, Jodhpur to the effect: (a) that he shall vacate and hand over the possession of the shop in question to the respondents-plaintiffs upto 30.11.2005 positively without any hindrance; (b) that during that period, he shall not make any addition or alteration in the shop in question; (c) that he shall not cause any damage to the shop in question; (d) that he shall not sub-let or part with the possession or alienate the shop in question to any body else; (e) that till vacation and handing over the possession of the shop in question to the respondents-plaintiffs, he shall continue to pay rent of the shop in question regularly without any fault. *******