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2021 DIGILAW 1837 (RAJ)

Hanumanprasad v. Omprakash Nagauri

2021-09-24

MANOJ KUMAR GARG

body2021
ORDER 1. The present second appeal has been filed by the appellant defendant against the judgment and decree dated 06.03.2021 passed by Additional district Judge, Deedwana, district Nagaur by which the learned Judge affirmed the judgment and decree dated 08.05.2019 passed by Civil Judge, Deedwana in Civil Original Suit NO. 33/2016 and suit of the plaintiff respondent has been decreed and the appellant defendant was directed to vacate the suit premises within a period of two months and he shall pay mesne profit from 30.05.2016 till execution of the decree. 2. Today, learned counsel for the appellant/defendant upon instructions submits that the appellant/defendant is not pressing the appeal on merits and craving that a reasonable time may be granted to him to handover the vacant and peaceful possession of the suit shop. 3. Learned counsel for the respondent-landlord submits that although the possession of suit premises has been taken over by the court below, however he has very candidly accepted the proposal of learned counsel for the appellant to allow some time to the appellant for vacating the rented premises. After thorough deliberations, learned counsel for the respondent-landlord has agreed to allow a reasonable time to the appellant to vacate the premises preferably by early November, 2021 with the mesne profit @ Rs. 1,000/- per month. 4. The aforesaid reasonable period to vacate the premises as well as mesne profit @ Rs. 1,000/- per month is accepted by learned counsel for the appellant without any demure. 5. Accordingly, the present second appeal of the appellant/defendant is disposed of with a direction to the appellant/defendant to submit an undertaking to the effect that he shall hand over the peaceful and vacant possession of the suit premises to the respondent/landlord on or before 08.11.2021 with the following conditions: (i) The appellant/defendant shall submit an undertaking and shall hand-over the vacant and peaceful possession of the suit shop in dispute to the respondent/plaintiff on or before 08.11.2021 and shall not cause any damage to the rented property and shall maintain the same as it is. The respondent/plaintiff shall not execute the impugned decree till 08.11.2021. (ii) The appellant/defendant shall pay the mesne profit of Rs.1,000/- per month from 30.05.2016 and will further continue to pay mesne profit every month by 15th day of the next succeeding month or in advance to the respondent uptil vacant possession is handed over to the respondent-landlord. The respondent/plaintiff shall not execute the impugned decree till 08.11.2021. (ii) The appellant/defendant shall pay the mesne profit of Rs.1,000/- per month from 30.05.2016 and will further continue to pay mesne profit every month by 15th day of the next succeeding month or in advance to the respondent uptil vacant possession is handed over to the respondent-landlord. The arrears of rent and mesne profit as determined by the Courts below, if not already paid, shall also be paid by the appellant within a period of 15 days from today and entire amount including the amount already deposited on this account will be disbursed to the respondent/plaintiff. (iii) The appellant/defendant shall further undertake that he would not sub-let, assign or part with the possession of the suit premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period else the same will be treated as void, (iv) The appellant/defendant shall furnish a written undertaking incorporating the aforesaid conditions before the trial Court within 15 days. (v) Since the keys are already deposited in the Court, the same may be handed over to the appellant enabling him to remove his belongings and hand over vacant possession of the suit premises in presence of the authorised official of the learned court below, (vi). It is made clear that in case, the appellant/defendant does not comply with any of the aforesaid conditions, then it shall be open for the respondent/plaintiff to get the decree passed in his favour executed forthwith even before the aforesaid date i.e. 08.11.2021 and the respondent/plaintiff may also initiate contempt proceedings in this Court against the appellant/defendant. 6. With the aforesaid terms, conditions and directions, the present second appeal of the appellant/defendant is, accordingly, disposed of. No costs. 7. Stay petition also stands disposed of. A copy of this judgment be sent to the learned Court below forthwith.