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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Lrs Of Late Govind Ram, S/o Mularam – Appellant
Versus
Parasmal Jain Bardatya S/o Late Sohan Lal – Respondent
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 a
The court granted the tenant additional time to vacate the premises while imposing conditions for payment of mesne profits and prohibiting subletting.
A tenant must comply with court orders regarding possession and payment of mesne profits, with specified conditions for vacating premises.
The judgment reinforces the landlord's right to timely possession and rent recovery while allowing reasonable time for the tenant to vacate.
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.
The court has the discretion to grant time to vacate premises and impose conditions, taking into account the parties' submissions and circumstances.
The court's decision was based on the petitioner's agreement to handover possession and pay mesne profit with specified conditions, as well as the dismissal of the writ petition.
A tenant's agreement to vacate and pay mesne profits can lead to dismissal of eviction petitions without delving into merits.
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