The court affirmed the eviction of the tenant while allowing reasonable time to vacate and modifying mesne profits, emphasizing tenant obligations regarding timely payment and possession.

Judgment :

1. The present second appeal has been preferred aggrieved of the judgment and decree dated 04.02.2025 passed by the Additional District Judge, Naukha, District Bikaner in Appeal Decree No.03/2024 (CIS No.03/2024) whereby the learned Court affirmed the judgment and decree dated 22.07.2024 (except the amount of mesne profit) passed by the Senior Civil Judge, Naukha, District Bikaner in Civil Original Suit No.32/2021 decreeing the suit for eviction, recovery of possession and mesne profit preferred by the respondent-plaintiff-landlord against the appellant-defendant-tenant. Learned Appellate Court modified the amount of mesne profit from Rs.22,000/- per month to Rs.20,000/- per month.

2. Learned counsel appearing for the appellant submitted that the defendant needs some reasonable time to vacate the shop in question. Learned counsel submitted that he has instructions not to press this appeal on merits but reasonable time may be granted to the appellant-tenant to vacate the suit shop and to handover the vacant possession of the same to the respondent-landlord. He however submits that the mesne profit as determined by the Courts below deserves modification for the reason that a new gate to the basement has been constructed by the landlord in front of his shop which has hampered accessibility and user to his shop.

3. Learned counsel for the respondent-plaintiff-landlord does not oppose the submissions as made by learned counsel appearing for the appellant-defendant-tenant so far as grant of time is concerned. But he did oppose the proposition of modification in mesne profit.

4. Having heard learned counsel for the appellant-defendant- tenant and having perused the judgment and decree/certificate of the learned Courts, the prayer made by learned counsel for the appellant-defendant-tenant seems to be reasonable and deserves to be granted subject to the present appeal not being pressed on merits.

5. Accordingly, it is directed that the appellant-defendant- tenant shall handover the peaceful and vacant possession of the suit shop to the respondent-plaintiff-landlord within a period of one and a half year i.e. on or before 31.09.2026 and shall, w.e.f. 01.04.2025, continue to pay mesne profit at the rate of Rs.17,000/- per month (Rupees Seventeen Thousand only) by 15^th day of the next succeeding month or in advance to the respondent-plaintiff-landlord and in case there is any default in payment of mesne profit, the period of one and a half year for eviction shall stand reduced and the decree/certificate of eviction/possession would become executable forthwith.

6. The appellant-defendant-tenant shall also clear all the arrears of rent, if any, and mesne profit and pay the same to the respondent-plaintiff-landlord within three months from today, if not paid till date, otherwise the same will bear interest @9% per annum.

7. The appellant-defendant-tenant shall also not sublet, assign or part with the possession of the suit shop or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period and if it is so done, the same would be treated as void.

8. The appellant-defendant-tenant shall furnish a written undertaking incorporating the aforesaid conditions in the Trial Court within a period of two months and one copy thereof along with affidavit, in this Court.

9. It is made clear that if the peaceful and vacant possession of the suit premises is not handed over to the respondent-plaintiff- landlord within a period of one and a half year i.e. on or before 31.09.2026, or mesne profits are not paid as directed above, besides the expeditious execution of the decree/certificate in normal course, the respondent-plaintiff-landlord shall also be entitled to invoke the contempt jurisdiction of this Court.

10. With the aforesaid directions, the present second appeal stands disposed of

11. The stay application and all pending applications also stand disposed of.