[2025:RJ-JP:10532] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 345/2024 1. Rameshchand S/o Chetram, R/o Unbdaganv, Tehsil Bandikui, At Present R/o Business Purani Sabji Mandi, Baswa Road, Bandikui, District Dausa. 2. Ramavatar S/o Chetram, R/o Unbdaganv, Tehsil Bandikui, At Present R/o Business Purani Sabji Mandi, Baswa Road, Bandikui, District Dausa. 3. Shyamlal S/o Chetrem, R/o Unbdaganv, Tehsil Bandikui, At Present R/o Business Purani Sabji Mandi, Baswa Road, Bandikui, District Dausa. ----Appellants Versus 1. Chandrashekhar S/o Late Ramgopal, R/o Garg Bhavan, Hospital Road, Bandikui,district Dausa. 2. Anil S/o Late Ramgopal, R/o Garg Bhavan, Hospital Road, Bandikui,district Dausa. 3. Vimal S/o Late Ramgopal, R/o Garg Bhavan, Hospital Road, Bandikui,district Dausa. 4. Ved Prakash S/o Late Ramgopal, R/o Garg Bhavan, Hospital Road, Bandikui,district Dausa. 5. Sushila D/o Late Ramgopal W/o Rameshchand Gupta, Advocate, R/o Vip Colony Hindoncity, District Karoli, 6. Pushpa Devi D/o Late Ramgopal W/o Phoolchand, R/o Brahmachari Mohalla, Alwar. 7. Manju Devi D/o Late Ramgopal W/o Sudhir, R/o Mumbai. 8. Uganti Devi D/o Chetram W/o Ramesh Chand, R/o Jhadla, Tehsil Baswa, District Dausa. 9. Sukhbai D/o Chetram W/o Panna, R/o Jhadla, Tehsil Baswa, District Dausa. 10. Bhauti W/o Chetram, R/o Kanch Ki Dhani, Unbadaganv, Tehsil Baswa, District Dausa. (On 03-01-2023, Name Of Respondent No. 5 To 10 Deleted). ----Respondents For Appellant(s) : Mr. Buddhi Prakash Sharma For Respondent(s) : Mr. Abhi Goyal [2025:RJ-JP:10532] (2 of 3) [CSA-345/2024] HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 05/03/2025 1. During course of arguments, at the stage of admission, a suggestion is made that sufficient time be granted to appellants- tenant for vacation of the suit premises subject to enhanced payment of rent/mesne profit. 2. Learned counsel for appellants suggested time period of 1.5 years and learned counsel appearing for respondents agrees to it but on enhanced rent. Learned counsels for parties agreed that the appellants (tenant) would make payment @ ₹4000/- per month as mesne profit (rent) from 01.03.2025 till vacation of suit premises. 3. In view of aforesaid, this second appeal under Section 100 of CPC is disposed of in following terms:- i. The judgment and decree dated 15.11.2022 in C.S. No.53/2012 affirmed in civil regular appeal No.01/2023 (CIS No.01/2023) on 23.05.2024 is hereby affirmed and the second appeal stands dismissed. ii. Time till 30.09.2026 is granted to appellants-defendant to vacate the suit premises and handover vacant possession of suit property to plaintiff or their assignee. iii. The appellants are restrained not to transfer or alienate the suit property till handing over the vacant possession to respondent-plaintiff or their assignee. iv. The appellants-defendant shall pay mesne profit/rent at the rate of ₹4000/- (Rs. Four Thousand only) per month from [2025:RJ-JP:10532] (3 of 3) [CSA-345/2024] 01.03.2025 till vacation of suit property to the respondent-plaintiff (landlord). The plaintiff-respondent shall intimate the bank account details to the appellant within a period of 4 weeks if, already not informed. Till 01.03.2025, the appellants shall make payment of rent/mesne profit at the rate determined by the Court below. v. The appellants-defendants will not cause any damage or substantial alteration to the property in dispute till its vacation and handing over the possession to the respondent-plaintiff. vi. In case of three consecutive default in monthly payment of rent or mesne profit, the respondent plaintiff is entitled for immediate execution of decree of eviction. 4. With aforesaid conditions, an undertaking with one surety of ₹2 Lakh will be submitted by the appellants-defendant to the satisfaction of learned trial Court, within a period of 30 days. 5. The appeal stands disposed of. 6. Misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J GAURAV /31