[2023:RJ-JP:14234]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Second Appeal No. 179/2023

Ramjani Died During The Pendency Of The Suit, Son Of

Late Mohammad Khan Rangrez, Jaipur Through His Legal

Heirs.

1/1.

Nawab Son Of Late Ramjani Shopkeeper, Shop No. 200,

Near Jagannath Shah Khurre, Ramganj Bazar, Jaipur.

----Appellant/Defendant/Tenant

Versus

Hussain Baksha Alias Bundu Khan S/o Late Kedarbaksh,

(Died During The Pendency Of The Suit).

1/1.

Mohd. Saddiq S/o Late Hussain Baksh, Alias Bundu Khan,

1/2.

Mohd. Umar S/o Late Hussain Baksh, Alias Bundu Khan,

Both are Resident Of 1017 Machhi Walon Ka Mohalla,

Chowkdi Topkhana, Hazuri, Jaipur.

1/3.

Shehzadi Begum Daughter Of Late Hussain Baksh Alias

Bundu Khan, Gaffar, Resident Of Near Taj Chhabeel,

Banar Ka Mohalla, Chowkidi Topkhana, Hazuri, Jaipur.

1/4.

Fatma Daughter Of Late Hussain Baksh Alias Bundu Khan,

Wife Of Abdul Hameed, Resident Of Topkhana Ka Mohalla,

Chowkdi Topkhana, Hazuri Jaipur.

2.

Ahmad Baksh S/o Shri Keder Baksh, Occupation

Naginasaji, Resident Of Jaipur City Chowkdi Topkhana,

Hazuri, Mohalla Machhiwalan House No. 1017, Jaipur (In

Pursuance Of The Order Dated 28-092-15, The Name Of

Palintiff No. 2 Was Removed Due To Death).

----Respondents/Plainitffs

3.

Shafi Alias Shafi Mohammad Khan Rangrej, Resident Of

Chowkdi Remchandraja Fute Khurre Ke Neeche, Near

Namdgaron Ki Masjid, House No. 2648, Jaipur. (Died

During The Pendency Of The Suit).

4.

Salim Alias Salim Mohammad Son Of Mohammad Khan,

R/o Ramchandrajai Ka Rasta, Opposite Ghoda Nikas Milk

Dairy, House No. 233, Jaipur.

5.

Chuttan Son Of Late Mohammad Khan, R/o-

6.

Salam Alias Salam Mohammad S/o Late Mohammad

Khan,

[2023:RJ-JP:14234]

(2 of 3)

[CSA-179/2023]

7.

Fajju Alias Razzak Mohammad S/o Late Mohammad Khan,

8.

Pappu Alias Subrati Care Alias Ramjani Alias Fakir Mohd.,

Shop No. 200, Near Jagannath Shah Ke Khurre, Ramganj

Bazar, Jaipur.

9.

Vicky Dada Alias Saeed S/o Late Mohammad Dudh Wala,

Resident Of Chowkdi Ramchandraji, Jagannnath Shah Ka

Khurra, Near Naharwada, Nayako Ka Mohalla, (Near

Cheeteh Walon Ka Mohalla) Jaipur (Died During The

Appeal).

10.

Kayum S/o Shri Munna, Resident Of City Jaipur Nahari Ka

Naka, Sheetal Niwas, Near Nagina Masjid, Jaipur. (Died

During The Pendency Of The Suit).

----Respondents/Defendants

For Appellant(s)

:

Mr. M.C. Jain for

Mr. Ankit Jain

For Respondent(s)

:

Mr. R.A. Verma

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

14/07/2023

Learned counsel appearing for the appellant, on instructions,

does not press the second appeal on merits and prays for a

reasonable time (upto 31.01.2025) to vacate the premises.

Learned counsel appearing for the respondents has no

objection to the prayer made; however, he submits that the appellant

may be granted time subject to payment of a sum of Rs.5,000/- per

month by way of mesne profit.

This is not objected by the learned counsel for the appellant

In the aforesaid circumstance, the second appeal is dismissed

as not pressed. The appellant is granted time upto 31.01.2025 to

hand over vacant and peaceful possession of the rented premises to

the respondents subject to following conditions:-

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(3 of 3)

[CSA-179/2023]

1.

The entire arrears of rent/mesne profit till date,

shall be deposited by the appellant in the bank account

of respondents within a period of four weeks from the

date of the order.

2.

The appellant shall pay a sum of ₹5,000/- per

month towards mesne profit to the respondents from

01.08.2023 till vacation of the rented premises i.e. on or

before 31.01.2025, which may be deposited by him in

the bank account of the respondents by 10^th day of each

succeeding month.

3.

The appellant further undertakes that he shall not

sub-let, assign or part with possession of rented

premises or any part thereof in favour of anyone else

and would not create any third party in