S.B. CIVIL SECOND APPEAL No.107/2015

Devanand Vs. Poonan Chand

Order, Tuesday, 12/05/2015

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR.

:: O R D E R ::

S.B. CIVIL SECOND APPEAL No.107/2015

Deva Nand S/o Sh. Amarchand, Caste Soni

Vs.

Poonchand S/o late Sh. Champalal

Date of Order

:::: Tuesday, 12/05/2015.

P R E S E N T

HON'BLE Dr. JUSTICE VINEET KOTHARI

Mr. D.K. Parihar, for the appellant/defendant/tenant.

- -

BY THE COURT (ORAL):

1.

The appellant/defendant having concurrently lost the

legal battle before the two courts below, have preferred this

second appeal aggrieved by the impugned judgment and eviction

decree dated 11.03.2015 passed by learned Additional District

Judge, Rajgarh, District: Churu in Civil Appeal No.11/2014-

Deva Nand Vs. Poon Chand, dismissing the appellant's appeal

and affirming the judgment and eviction decree dated 25.02.2014

passed by learned Civil Judge (Jr. Division) Rajgarh, District:

Churu, in Civil Original Suit No.43/2012- Poonamchand Vs.

S.B. CIVIL SECOND APPEAL No.107/2015

Devanand Vs. Poonan Chand

Order, Tuesday, 12/05/2015

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Deva Nand, whereby the suit filed by the respondent/plaintiff for

eviction and recovery of rent against the appellant/defendant with

respect to suit prperty, a residential house, situated at Ward

No.7, Rajgarh, District: Churu, was decreed.

2.

The plaintiff/respondent filed the suit for eviction and

recovery of rent in connection with suit premises, a residential

house, situated at Ward No.7, Rajgarh, District: Churu, which

was initially let out to Devanand at a monthly rent of Rs.400/-.

The eviction was sought on the ground of personal and bonafide

need of the suit premises and tenancy was terminated by issuing

a notice dated 17.03.2012. The plaintiffs thus prayed for granting

eviction decree, which has been granted by the two courts below

concurrently.

3.

Learned counsel for the appellant/defendant upon

instructions submits that the appellant/defendant may be

permitted to withdraw the present second appeal without

pressing the same on merits and a reasonable time may be

granted to them to handover the vacant and peaceful possession

of the suit shop.

4.

Accordingly, the present second appeal of the

appellant/defendant is dismissed as withdrawn and not pressed

on merits and with a direction to the appellant/defendant to

submit an undertaking to the effect that they will hand over the

S.B. CIVIL SECOND APPEAL No.107/2015

Devanand Vs. Poonan Chand

Order, Tuesday, 12/05/2015

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peaceful and vacant possession of the suit premises to the

respondents/landlord on or before 31.05.2016 with the conditions

given below.

(i)

The appellant/defendant/tenant shall submit

an undertaking and shall hand-over the vacant

and peaceful possession of the suit premises,

in dispute to the respondent/plaintiff on or

before 31.05.2016. The respondent/plaintiff

shall not execute the impugned decree till

31.05.2016.

(ii)

The appellant/defendant shall pay the mesne

profit of Rs.2,000/- per month from June, 2015

and will further continue to pay the mesne

profit each month by 15^th day of the next

succeeding month or in advance to the

respondents. The arrears of rent and mesne

profit as determined by the Courts below, if not

already paid, shall also be paid by the

appellant within a period of three months from

today and entire amount including the amount

already deposited on this account will be

disbursed to the respondent/plaintiff.

(iii)

The appellant/defendant shall further

undertake that he will not sub-let, assign or

part with the possession of the suit premises

or any part thereof in favour of any one else

and would not create any third party interest in

the same during the aforesaid period and if

they do so, the same will be treated as void.

S.B. CIVIL SECOND APPEAL No.107/2015

Devanand Vs. Poonan Chand

Order, Tuesday, 12/05/2015

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(iv)

The appe