The court may grant a tenant reasonable time to vacate commercial premises upon the tenant's agreement not to contest the appeal on merits, provided they pay mesne profits and furnish an undertaking to maintain the status quo of possession.

Order

1. The appellant-tenant has preferred the present second appeal being aggrieved of Judgment & Decree dated 20.01.2026 passed by District Judge, Merta, Nagaur in Civil Appeal Decree No.12/2024 whereby Judgment & Decree dated 20.07.2024 passed by Additional Civil Judge, Merta, Nagaur in Civil Original Suit No.100/2014 (24/2008) (224/2002) (CIS No.441/2014), stood affirmed. Vide judgment & decree dated 20.07.2024, the learned Trial Court decreed the suit for eviction as filed by the plaintiffs-respondents.

2. Learned counsel appearing for the appellant submits that the appellant-tenant has been using the commercial premise in question since many years and therefore, needs some reasonable time to vacate the same. Counsel submits that he has instructions not to press this appeal on merit but reasonable time may be granted to the appellant-tenant to vacate the premise in question and to hand over the vacant possession of the same to the respondents-plaintiffs-landlord.

3. Learned counsel appearing for the respondents-plaintiffs-landlord, 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 the premise in question to the respondents-plaintiffs-landlord 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.10,000/- (Rupees Ten Thousand only) per month (as already directed vide order dated 17.03.2026) by 15th day of the next succeeding month or in advance to the respondents-plaintiffs-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 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 respondents-plaintiffs-landlord within three months from today, if not paid till date, otherwise the same shall bear interest @9% per annum.

6. The appellant shall not sublet, assign or part with the possession of the premise in question 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.

7. 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.

8. It is made clear that if the peaceful and vacant possession of the premise in question is not handed over to the respondents-plaintiffs-landlord 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 respondents-plaintiffs-landlord shall also be entitled to invoke the contempt jurisdiction of this Court.

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

10. Let a decree be drawn accordingly.

11. Stay petition and pending applications, if any, stand disposed of