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[2026:RJ-JD:16070]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Second Appeal No. 93/2026

Sunderlal S/o Sohanlal, Aged About 51 Years, Ambedkar Chowk, Nokha, Tehsil Nokha, District Bikaner.

----Appellant Versus

Smt. Nirmala Devi D/o Shri Kishanlal, W/o Shri Ashok Kumar , Resident Of Chacha Nehru School Ke Pass, Nokha, Bikaner.

----Respondent

For Appellant(s) : Mr. J.K. Bhaiya For Respondent(s) : Mr. Prashant Tatia &

Mr. Ankit Somani for Mr. Sajjan Singh

HON'BLE MS. JUSTICE REKHA BORANA

Order

07/04/2026

1. The appellant-tenant has preferred the present second appeal being aggrieved of Judgment & Decree dated 05.02.2026 passed by Additional District Judge, Nokha, District Bikaner in Civil Appeal Decree No.02/2025 whereby Judgment & Decree dated 03.03.2025 passed by Senior Civil Judge, Nokha, District Bikaner in Civil Original Suit No.34/2021, stood affirmed. Vide judgment & decree dated 03.03.2025, the learned Trial Court decreed the suit

for eviction as filed by the plaintiff-respondent.

2. Learned counsel appearing for the appellant submits that the appellant-tenant has been running the shop in question since last seven years and therefore, needs some reasonable time to vacate the shop in question. Counsel submits that he has instructions not to press this appeal on merit but reasonable time may be granted

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[2026:RJ-JD:16070] (2 of 3) [CSA-93/2026] to the appellant-tenant to vacate the shop in question and to hand over the vacant possession of the same to the respondent-

plaintiff-landlady.

3. Learned counsel appearing for the respondent-plaintiff- landlady, on instructions, does not oppose the submission as made

by learned counsel appearing for the appellant.

4. Having heard learned counsel for the appellant and having perused the judgment & decree of the Courts below, the prayer made by counsel for the appellant seems to be reasonable and deserves to be granted subject to the present petition not being

pressed on merit.

5. Accordingly, it is directed that the appellant shall handover the peaceful and vacant possession of the shop in question to the respondent-plaintiff-landlady within a period of one and a half year i.e. on or before 31.10.2027 and shall, w.e.f. 01.05.2026, continue to pay mesne profit at the rate of Rs.25,000/- per month (Rupees Twenty Five Thousand only) by 15^th day of the next succeeding month or in advance to the respondent-plaintiff-landlady 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 certificate of recovery/possession would become executable forthwith. The appellant shall also clear all the arrears of rent and mesne profit, if any, and pay the same to the respondent-plaintiff-landlady within three months from today, if not paid till date, otherwise the same shall bear interest @9% per annum. The appellant shall not sublet, assign or part with the possession of the shop in question or any part thereof in favour of anyone else and would not create

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[2026:RJ-JD:16070] (3 of 3) [CSA-93/2026] any third party interest in the same during the aforesaid period and if it is so done, the same would be treated as void. The appellant shall furnish a written undertaking incorporating the aforesaid conditions before the learned Trial Court within a period of two months and one copy thereof along with affidavit, before this Court. It is made clear that if the peaceful and vacant possession of the shop in question is not handed over to the respondent-plaintiff-landlady within a period of one and a half year i.e. upto 31.10.2027, or mesne profits are not paid as directed above, besides the expeditious execution of the decree/certificate in normal course, the respondent-plaintiff-landlady shall also be

entitled to invoke the contempt jurisdiction of