[2025:RJ-JP:27152] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 412/2008 1. 1/1. 1/ 2. 1/3. Smt. Suraj Devi W/o Late Shri Rameshwar Prasad Sharma, Navhal Bhawan, Joshiyon Ka Mohallah, Behind Lata Cinema, Jhotwara (Deceased) through her legal representatives. Girraj Prasad S/o Late Shri Rameshwar Prasad Sharma, Resident of Navhal Bhawan, Joshiyon Ka Mohallah, Behind Lata Cinema, Jhotwara, Jaipur Chand Bihari S/o Late Shri Rameshwar Prasad Sharma, Resident of Navhal Bhawan, Joshiyon Ka Mohallah, Behind Lata Cinema, Jhotwara, Jaipur. Mukut Bihari S/o Late Shri Rameshwar Prasad Sharma, Resident of Navhal Bhawan, Joshiyon Ka Mohallah, Behind Lata Cinema, Jhotwara, Jaipur ----Appellants Versus 1. 1.1. 1 /2. 1/ 3. 1/ 4. 1/5. 1/6. Nathu Lal Sharma S/o Shri Jeevan Ram Sharma, Plot No. 150, Indra Colony, Bani Park, Jaipur (Deceased) through his legal representatives. Brij Kishore Sharma S/o Late Nathu Lal Sharma, Resident Of A-53, Devki Vila Sodhani Sweets Ke Pass, Vidhyadhar Nagar, Jaipur. Shakun Wife Of Sita Ram Sharma D/o Late Nathu Lal Sharma, Resident Of A-28-A, Nehru Nagar Police Academy, Road, Panipech, Jaipur Lalit S/o Late Nathu Lal Sharma, Resident Of Plot No. 65, Ahsok Vihar Petrol Pump Ke Pass Wali Gali Sikar Road, Jaipur. Shanti W/o Gangaramji D/o Late Nathu Lal Sharma, Resident Of Kumar Studio Dher Ka Balaji, Sikar Road, Jaipur. Sushila D/o Late Nathu Lal Sharma W/o Vishnu Ji, Resident Of Plot No. 65, Ashok Vihar Petrol Pumb Ke Pass Wali Gali Sikar Road, Jaipur. Madhu W/o Upendra D/o Late Nathu Lal Sharma, Resident Of Plot No. 65, Ashok Vihar Petrol Pump Ke Pass Wali Gali, Sikar Road, Jaipur. [2025:RJ-JP:27152] (2 of 4) [CSA-412/2008] 1/7. Sunita W/o Vishnu Ji D/o Late Nathu Lal Sharma, Resident Of Plot No. 65 Ashok Vihar Petrol Pump Ke Pass Wali Gali, Sikar Road, Jaipur. ----Respondents For Appellant(s) : Mr. M.M. Ranjan, Sr. Adv with Mr. Naman Pareek, Adv. For Respondent(s) : Mr. Akshat Choudhary, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 21/07/2025 This civil second appeal has been filed by the appellants- defendants (for short 'the defendants') against the judgment and decree dated 04.09.2008 passed by Additional District & Sessions Judge No. 7, Jaipur City, Jaipur (for short 'the first appellate Court') in civil appeal No.57/2007, whereby the first Appellate Court dismissed the appeal filed by the defendants and partly allowed the cross-objections filed by the respondents-plaintiffs (for short ‘the plaintiffs’) in relation to the judgment and decree dated 24.04.2007 passed by the Additional Civil Judge (Jr. Div.) No. 3, Jaipur City, Jaipur (for short 'the trial Court') in civil suit No.209/2005, by which the trial Court decreed the plaintiff’s suit for eviction and recovery of rent. At the very outset, learned Senior Counsel for the defendants submits that he is not pressing the appeal on merits. However, the only prayer made by him is that time 2 years period may be granted to the defendants to vacate the tenanted premises. He further submits that the defendants are ready to pay the monthly rent to the plaintiffs at the rate fixed by the trial court [2025:RJ-JP:27152] (3 of 4) [CSA-412/2008] and affirmed by the appellate court from July, 2025 onwards. He has submitted an undertaking of the defendants on record, which is taken on record. Learned counsel appearing for the plaintiffs, on instructions of their clients, has no objection in granting time to the defendants for vacating the tenanted premises. In view of the above, the second appeal is disposed of in the following terms: (i) The defendants shall be entitled to continue in possession of the tenanted premises upto 31.07.2027 but not beyond that subject to the condition that the defendants will hand over the vacant and peaceful possession of the tenanted premises to the plaintiffs on or before 31.07.2027. (ii) That the defendants shall deposit/pay the arrears of mesne profit @ Rs.228/- within a month from today in the bank account of the plaintiffs. (iii) That the defendants will regularly pay the monthly rent at the rate so fixed by the trial court and affirmed by the appellate court in the bank account of the plaintiffs by 15th of each month from the month July, 2025 onwards. The plaintiffs shall furnish the details of their bank account to the defendants/their advocate within 10 days from today for depositing the aforesaid amount. (iv) The defendants shall not alienate and/or create third party interest/right and/or handover the possession of the premises in question to any other person. (v) If the defendants fail to deposit/pay the monthly rent and/or to pay/deposit mesne profit consecutively for three months, the [2025:RJ-JP:27152] (4 of 4) [CSA-412/2008] plaintiffs shall be at liberty to execute the decree without any further reference to the court. The second appeal stands disposed of accordingly. Stay application also stands disposed of. (NARENDRA SINGH DHADDHA),J AVINASH/50