2004 Supreme(Raj) 1632
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Sunil Kumar Garg, J.
Jeth Mal - Appellant
Versus
Swaroop Raj. and Ors. - Respondent
S.B. Civil Second Appeal No. 209 of 2002.
Decided On : 3-08-2004
The court has the discretion to grant time for eviction and possession handover, subject to specific conditions.
Headnote:
Eviction - Shop Tenancy - The court confirmed the eviction of the appellant-defendant from the shop in question, but granted time until 30.11.2005 for the appellant-defendant to vacate and hand over the possession of the shop to the respondents-plaintiffs, subject to specific conditions.
Fact of the Case:
The appellant-defendant filed a second appeal against the judgment and decree allowing the eviction of the appellant-defendant from the shop in question.
Finding of the Court:
The court found that the findings on personal and bona fide necessity were not legally infirm and confirmed the eviction. However, the court granted time until 30.11.2005 for the appellant-defendant to vacate and hand over the possession of the shop to the respondents-plaintiffs, subject to specific conditions.
Issues: The main issue was the eviction of the appellant-defendant from the shop in question.
Ratio Decidendi: The court confirmed the eviction but exercised discretion by granting time for the appellant-defendant to vacate and hand over the possession of the shop to the respondents-plaintiffs, subject to specific conditions.
Final Decision: The second appeal filed by the appellant-defendant was dismissed, confirming the eviction, but the appellant-defendant was granted time until 30.11.2005 to vacate and hand over the possession of the shop to the respondents-plaintiffs, subject to specific conditions.
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.
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.
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