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Rajasthan High Court · body

2015 DIGILAW 1627 (RAJ)

Ahsan Mohammed (Deceased) v. Aziz Mohammed

2015-09-04

ARUN BHANSALI

body2015
JUDGMENT 1. - After attempting to make submissions for sometime on the appeal, learned counsel for the appellants submit that the appellants may be granted extra time for vacating the suit premises. 2. Heard learned counsel for the parties regarding grant of extra time to vacate the suit premises. 3. Learned counsel for the appellants submitted that the premises are commercial premises and the appellants are running a shop for last many years and may be granted time till June, 2016 for vacating the suit premises. 4. Learned counsel for the respondent opposed the prayer for grant of time. It was submitted that the suit was filed in the year 2006 and a meagre rent of Rs. 100/- only was being paid and that also is in arrears. 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 appellants to vacate the suit premises by 30th June, 2016 and allow mesne profit to the respondent until the appellants vacate the suit premises @ Rs. 500/- per month from the month of September, 2015 till June, 2016. 5. In view of the above, the learned counsel for the appellants seeks withdrawal of the appeal and the same is, therefore, dismissed as withdrawn. The stay application is also dismissed. However, the appellants are granted time to vacate the suit premises by 30th June, 2016 on the following conditions:- (i) the appellants shall submit an undertaking supported by affidavit before the trial court within 3 weeks from today to the effect that on or before 30th June, 2016 they shall handover the peaceful and vacant possession of the suit premises to the plaintiff-respondent. They 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. (ii) the appellants shall deposit within three weeks the arrears, if any, of the rent/mesne profit and of the decreetal amount and shall further pay to the landlord the amount for use and occupation of the suit premises @ Rs. (ii) the appellants shall deposit within three weeks the arrears, if any, of the rent/mesne profit and of the decreetal amount and shall further pay to the landlord the amount for use and occupation of the suit premises @ Rs. 500/- per month w.e.f. 01st September, 2015 or deposit the same in the saving bank account of the respondent month by month on or before 15th day of the next month. The respondent or learned counsel for the respondent 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 appellants or counsel for the appellants within a period of two weeks from today. (iii) it is made clear that in case the appellants do not comply with any of the aforesaid conditions or violate any terms of the undertaking, then it will be open for the respondent landlord to get the decree executed forthwith in accordance with law. No costs. Appeal dismissed. *******