Anil Kumar S/O Late Shri Girdhari vs. Devdutt @ Mangtu Ram S/O Late Shivkarandas Sharma

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Second Appeal No. 175/2019

• 1. Anil Kumar S/o Late Shri Girdhari, By Caste Saini, R/o Dhani Tarawali, Tan Buchaheda, Dabla Road, Near Vishwakarma Mandir, Kotputli, District Jaipur (Raj.).
• 2. Rakesh Kumar S/o. Late Shri Girdhari, By Caste Saini, R/o Dhani Tarawali, Tan Buchaheda, Dabla Road, Near Vishwakarma Mandir, Kotputli, District Jaipur (Raj.).

----Appellants

Versus

1. Devdutt @ Mangtu Ram S/o Late Shivkarandas Sharma, By Caste Brahmin, R/o Guti, Tehsil Behror, District Alwar, At Present Residing At Kotputli, District Jaipur (Raj.).

….Plaintiff-Respondent

• 2. Munnalal S/o. Late Shri Girdhari, By Caste Saini, R/o Dhani Tarawali, Tan Buchaheda, Dabla Road, Near Vishwakarma Mandir, Kotputli, District Jaipur (Raj.).
• 3. Babli D/o. Girdhari Lal, W/o. Hariram @ Suresh Kumar, R/o Dhani Berapur Wali, Tan Bardod, Tehsil Behror, District Alwar (Raj.).
• 4. Pista Devi D/o. Girdhari Saini, W/o Ashok Saini, R/o Harsoli Donda Wala Kuan Ke Pass, Tehsil Kotkasim, District Alwar (Raj.).
• 5. Savita Devi D/o. Girdhari Saini, W/o Sunil Kumar, R/o Harsoli Donda Wala Kuan Ke Pass, Tehsil Kotkasim, District Alwar (Raj.).
• 6. Jamna Devi @ Jyoti D/o. Late Girdhari Lal, W/o Manoj Kumar Saini, R/o Dhani Gaskan, Tan Bhabhru, Tehsil Virat Nagar, District Jaipur (Raj.).

----Proforma-Defendnats-Respondents

For Appellant(s)	:	Mr. Gaurav Gupta
For Respondent(s)	:	Mr. Anil Kumar Sharma

HON'BLE MR. JUSTICE PRAKASH GUPTA

Judgment / Order

03/05/2019

The instant Civil Second Appeal under Section 100 CPC has been filed by the defendant-appellants aggrieved by the judgment and decree dated 07.03.2019 passed by the learned Additional District Judge No.2, Kotputli, District Jaipur whereby the said court dismissed the appeal filed by the defendant-appellant against the judgment and decree dated 27.01.2014 passed by the Civil Judge (J.D.) and Judicial Magistrate, Kotputli, District Jaipur in Civil Suit No.133/2011.

Learned counsel for the appellants Shri Gaurav Gupta after arguing the matter at some length, on instruction of his clients, has not pressed this appeal on merits. The only prayer made by him is that time of two years may kindly be granted to the appellants to vacate the tenanted premises.

Learned counsel appearing for the respondent-plaintiff Shri Anil Kumar Sharma on instructions of his client has no objection in granting the time as prayed for by the appellant for vacating the tenanted 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 defendant-appellants shall be entitled to continue in possession of the suit premises uptill 30.04.2021 but not beyond that, subject to condition that they will hand over the vacant and peaceful possession of the tenanted premises to the respondents on or before 30.04.2021.
• 2. The appellants shall deposit arrears of mesne profit, if any, due towards him up to 30.04.2019 @ Rs.1000/- per month within a period of one month from today with the Bank account of the respondent-plaintiff and thereafter,

from the month of May, 2019, the appellants shall continue to deposit the mesne profit at the same rate with the bank account of the respondent-plaintiff by 15th of each month.

• 3. The appellants shall not alienate or otherwise create third party right or hand over possession of the tenanted premises in question to any other person.
• 4. If the appellants fail to deposit the mesne profit consecutively for four months, the respondent shall be at liberty to execute the decree without any further reference to the Court.

Further, the appellants shall submit an undertaking on oath incorporating the aforesaid conditions before the Civil Judge (J.D.) and Judicial Magistrage, Kotputli, District Jaipur within a period of four weeks from the date of this order. In case, the appellants 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 respondent shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with law.

The second appeal stands disposed of accordingly, stay application is also disposed of.

(PRAKASH GUPTA),J

Mohit Rohila /35