HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Second Appeal No. 50/2021

Ram Swaroop S/o Kesrilal (Since Deceased) Through LRs.

1. Surendra Kumar S/o Ramswaroop

2. Padam Kumar S/o Ramswaroop

3. Sheela D/o Ramswaroop

4. Hemlata D/o Ramswaroop

5. Nathibai D/o Late Shri Ramswaroop

Resident of Infront Of Range Office, Chhabra, District Baran.

(Rajasthan.)

----Appellant-Defendants

Versus

Mehmood Alam Hashmi S/o Hazi Mohammed Idris Hasmi, R/o

Station Road, Chhabra, Tehsil Chhabra, District Baran (Raj.) At

Present Bhopal (M.P.)

----Respondent-Plaintiff

For Appellant(s)

:

Mr. Naresh Kumar Singhal, Advocate

For Respondent(s)

:

Mr. Kaleem Ahamed Khan, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

17/08/2021

The instant Civil Second Appeal under Section 100 CPC

has been filed by the defendants-appellants (for short 'the

defendants') aggrieved by the judgment and decree dated

19.02.2021 passed by the learned Additional District Judge,

Chhabra, District Baran whereby the said court dismissed the

appeal filed by the defendants and upheld the judgment and

decree dated 18.12.2015 passed by the learned Senior Civil

Judge, Chhabra, District Baran in Civil Suit No.42/2010.

Learned counsel for the defendants Mr. Naresh Kumar

Singhal after arguing the matter at some length, on instruction of

(2 of 3)

[CSA-50/2021]

his clients, has not pressed this appeal on merits. The only prayer

made by him is that time of one and a half year may kindly be

granted to the defendants to vacate the tenanted premises (for

short ‘the premises’).

Learned counsel appearing for the respondent-plaintiff

(for short ‘the plaintiff’) Mr. Kaleem Ahamed Khan on instructions

of his client has no objection in granting the time as prayed for by

the learned counsel for the defendants for vacating the premises.

In view of the aforesaid submission of learned counsel

for the parties, this second appeal is being decided in the following

terms:-

1.

The defendants shall be entitled to continue in

possession of the premises uptill 28.02.2023 but not

beyond that, subject to condition that they will hand over

the vacant and peaceful possession of the premises to

the plaintiff on or before 28.02.2023.

2.

The defendants shall deposit arrears of mesne profit, if

any, due towards them up to 31.07.2021 at the rate of

Rs.800/- per month within a period of one month from

today with the Bank account of the plaintiff and

thereafter, from the month of August, 2021, the

defendants shall continue to deposit the mesne profit @

Rs.2000/- per month with the bank account of the

plaintiff by 15^th of each month.

3.

The defendants shall not alienate or otherwise create

third party right or hand over possession of the premises

in question to any other person.

4.

If the defendants fail to deposit the mesne profit

consecutively for four months, the plaintiff shall be at

liberty to execute the decree without any further

reference to the Court.

(3 of 3)

[CSA-50/2021]

Further, the defendants shall submit an undertaking on

oath incorporating the aforesaid conditions before the Senior Civil

Judge Chhabra, District Baran within a period of four weeks from

the date of this order. In case, the defendants fail to submit the

undertaking as aforesaid within four weeks from today and/or

commits breach of any of the conditions of this order, the plaintiff

shall be entitled to execute the decree forthwith and obtain

possession of the premises in accordance with law and it will be

open for the plaintiff to initiate contempt proceedings in the Court.

The second appeal stands disposed of accordingly.

Consequently, upon disposal of the second appeal, stay

application, filed therewith, does not survive and same also stands

diposed of.

(PRAKASH GUPTA),J

Mohit-6