Judgment:
1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :JUDGMENT
: S.B.CIVIL SECOND APPEAL NO.199/2013 Mahaveer Marble versus LRs of Nainmal Date of Judgment :: 15.1.2014 PRESENT HON'BLE Mr.JUSTICE ARUN BHANSALI Mr.Nikhil Dungawat, for the appellant/s.
Mr.Om Mehta, for the respondent/s.
---- BY THE COURT: After attempting to make submissions on the merits of the second appeal, the learned counsel for the appellant on instructions submits that the appellant may be permitted to withdraw the appeal and may be granted reasonable time to handover the vacant possession of the suit premises to the plaintiff.
Learned counsel for the respondents-defendants submits that the suit was filed in the year 2000 and more than 13 years have already passed, therefore, there is no question of grant of any time for vacating the suit premises now.
However, if the Court deems it proper then reasonable time may be granted to the appellant.
Looking to the circumstances of the case, where the premises in question was let-out to the plaintiffs in the year 1987 and they are said to be operating their business from the 2 said premises and submits that to find alternative premises would be difficult looking to the nature of the business, it is deemed just and proper in the facts and circumstances to grant the appellant time till June, 2015 to handover vacant possession of the suit premises to the plaintiffs.
It would be required of the appellant to pay / deposit the arrears of rent as decreed by the trial court within a period of three weeks from now.
Thereafter, from the month of January, 2014 till June, 2015 or earlier, if the premises are vacated before that ,it would be required of the appellant to pay / deposit the mesne profit @ Rs.1,200/- per month to the plaintiff.
The amount may be paid to the plaintiff or be deposited in the Saving Bank Account of the plaintiff, details whereof shall be submitted by learned counsel for the respondents to the appellant / learned counsel for the appellant within a week.
The amount of mesne profit from January onwards shall be paid by 10th of each following month.
In case of three consecutive defaults in payment of mesne profit and / or failure to deposit the arrears as decreed by the trial court within time as granted hereinbefore, the decree shall become executable forthwith.
With the above observations / directions, the appellant is permitted to withdraw the appeal and the same is dismissed as withdrawn.
The stay application is also dismissed.
(ARUN BHANSALI).J.
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