The court granted the tenant additional time to vacate the premises while imposing conditions for payment of mesne profits and prohibiting subletting.

Order

In S.B. Civil Second Appeal No.91/2025

1. The present second appeal has been preferred aggrieved of the judgment and decree dated 21.12.2024 passed by the Additional District & Sessions Judge, Ladnun District Nagaur in Civil Regular Appeal C.I.S. No.16/2022 whereby the Court affirmed the judgment and decree dated 30.04.2022 passed by the Civil Judge, Ladnun District Nagaur in Civil Original Suit No.32/2013 (CIS No.155/2014) whereby the suit for eviction, recovery of possession and mesne profit preferred by the respondent-plaintiff-landlord against the petitioner-defendant stood decreed.

2. Learned counsel appearing for the petitioner 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 petition on merits but reasonable time may be granted to the petitioner-tenant to vacate the suit shop and to handover the vacant possession of the same to the respondent-landlord.

3. Respondent-landlord, present in person, does not oppose the submissions as made by learned counsel appearing for the petitioner-defendant-tenant.

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

5. Accordingly, it is directed that the petitioner-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 30.09.2026 and shall, w.e.f. 01.04.2025, continue to pay mesne profit at the enhanced rate of Rs.3,000/- per month (Rupees Three 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 petitioner-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 petitioner-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 petitioner-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 30.09.2026, 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

In S.B. Civil Second Appeal No.3/2025

1. The present second appeal has been preferred aggrieved of the judgment and decree dated 21.12.2024 passed by the Additional District & Sessions Judge, Ladnun District Nagaur in Civil Regular Appeal C.I.S. No.14/2022 whereby the Court affirmed the judgment and decree dated 30.04.2022 passed by the Civil Judge, Ladnun District Nagaur in Civil Original Suit No.34/2013 (CIS No.158/2014) whereby the suit for eviction, recovery of possession and mesne