Years, Proprietor M/s, Suwalal Gorishankar, Shop Municipal No. vs Manak Chand S/o Late Shri Hari Narayan, R/o House No.

Manak Chand S/o Late Shri Hari Narayan, R/o House No. 2049 Peetliyon Ka Chowk, Johari Bazar, Jaipur (Died Dur- ing Pendency Of Appeal) 1/1. Smt. Maya Sharma W/o Shri Manak Chand Sharma, Died During Pendency Of Appeal. 1/2. Dinesh Sharma S/o Late Shri Manak Chand Sharma, R/o 2049, Peetaliyon Ka Chowk, Johari Bazar, Jaipur (Raj.) 1/3. Mahesh Chand S/o Late Shri Manak Chand Sharma, R/o 2049, Peetaliyon Ka Chowk, Johari Bazar, Jaipur (Raj.) 1/4. Smt. Veena Sharma W/o Shri Shankar Ji Joshi, D/o Late Shri Manak Chand Sharma, R/o Joshi Mohalla, Kalwar Road, Jhotwara, Jaipur (Raj.) 1/5. Smt. Lata Sharma W/o Shri Acharya Rajeshwar D/o Late Shri Manak Chand Sharma, R/o 239, Jaswant Nagar, Khatipura, Jaipur (Raj.)

2. Manphool Devi Alias Rampyari W/o Late Hari Narayan (Deceased), R/o Chowkri, Vishveshwar Ji, Rasta Ramlalla Ji, Jaipur (Raj.)

3. Ratan Devi D/o Late Shri Hari Narayan W/o Shri Ram Kis- han, R/o Chowkri Ramchandraji, Phuta Khura, Janki Bal- labh Ji Ka Mandir (Died During Pendency Of Appeal)

4. Manphool Devi D/o Hari Narayan W/o Sitaram, R/o Mandir Kwas Ji, Chowkri Purani Bazar, Jaipur (Died During Pen- (2 of 6) [CSA-291/2023] dency Of Appeal) Connected With S.B. Civil Second Appeal No. 290/2023 ----Respondents

1. Gori Shankar S/o Late Shri Suwalal Agarwal, Aged About 74 Years, Proprietor M/s, Suwalal Gorishankar, Shop Municipal No. 1943, Johari Bazar, Jaipur (Raj.)

2. Smt. Shanti Devi W/o Shri Radhey Shyam Agarwal, R/o A/ 119, Shiv Marg, Shyam Nagar, Sodala, Jaipur (Raj.) Versus ----Appellant

1. Manak Chand S/o Late Shri Hari Narayan, R/o House No. 2049, Temple Shri Nursinghji, Peetliyon Ka Chowk, Johari Bazar, Jaipur (Died During Pendency Of Appeal) 1/1. Smt. Maya Sharma W/o Shri Manak Chand Sharma, Died During Pendency Of Appeal 1/2. Dinesh Sharma S/o Late Shri Manak Chand Sharma, R/o 2049, Peetaliyon Ka Chowk, Johari Bazar, Jaipur (Raj.) 1/3. Mahesh Chand S/o Late Shri Manak Chand Sharma, R/o 2049, Peetaliyon Ka Chowk, Johari Bazar, Jaipur (Raj.) 1/4. Smt. Veena Sharma W/o Shri Shankar Ji Joshi D/o Late Shri Manak Chand Sharma, R/o Joshi Mohalla, Karwar Road, Jhotwara, Jaipur (Raj.) 1/5. Smt. Lata Sharma W/o Shri Acharya Rajeshwar D/o Late Shri Manak Chand Sharma, R/o 239 Jaswant Nagar, Khatipura, Jaipur (Raj.)

2. Ratan Devi D/o Late Shri Hari Narayan W/o Shri Ram Kis- han, R/o Temple Janki Ballabh Ji, Phuta Khura, Chowkri Ramchandraji, Jaipur And Resident Of 3724, Chowkri Ramchandraji, Phua Khura, Ramganj Bazar, Jaipur (Died During Pendency Of Appeal)

3. Manphooli Devi D/o Hari Narayan W/o Sitaram, R/o Mandir Kwas Ji, Chowkri Purani Bazar, Jaipur (Died During Pendency Of Appeal) ----Respondents S.B. Cross Objection (Civil) No. 11/2024

1. Suwalal S/o Bhonrilal, Resident Of Jaipur Nagar Chowkri (3 of 6) [CSA-291/2023] Vishveshwar Ji, Johari Bazar, Adjoining Sanjivini Chikit- salaya, Jaipur (Deceased During The Pendency Of Suit). 1/1. Smt. Dropdi Devi W/o Suwalal, Resident Of Plot No. 12, Amriteshwar Colony, New Sanganer Road, Sodala, Jaipur (Deceased During The Pendency Of Appeal). 1/2. Gori Shankar Agarwal S/o Shri Suwalal Agarwal, Shop No. 52, Suwalal Gorishankar, Johari Bazar, Jaipur (Rajasthan). 1/3. Smt. Shanti Devi W/o Shri Radhey Shyam Agarwal, Resi- dent Of A/119, Shiv Marg, Shyam Nagar, Sodala, Jaipur (Rajasthan). ----Appellants Versus

1. Manak Chand S/o Late Shri Hari Narayan, Resident Of House No. 2049, Peetliyon Ka Chowk, Johari Bazar, Jaipur (Died During Pendency Of Appeal). 1/1. Smt. Maya Sharma W/o Shri Manka Chand Sharma, (Died During Pendency Of Appeal). 1/2. Dinesh Sharma S/o Late Shri Manak Chand Sharma, Resi- dent Of 2049, Peetaliyon Ka Chowk, Johari Bazar, Jaipur (Rajasthan). 1/3. Mahesh Chand S/o Late Shri Manak Chand Sharma, Resi- dent Of 2049, Peetaliyon Ka Chowk, Johari Bazar, Jaipur (Rajasthan). 1/4. Smt. Veena Sharma W/o Shri Shankar Ji Joshi, D/o Late Shri Manak Chand Sharma, Resident Of Joshi Mohalla, Kalwar Road, Jhotwara, Jaipur (Rajasthan). 1/5. Smt. Lata Sharma W/o Shri Acharya Rajeshwar D/o Late Shri Manak Chand Sharma, Resident Of 239, Jaswant Na- gar, Khatipura, Jaipur(Rajasthan).

2. Manphool Devi Alias Rampyari W/o Late Hari Narayan (Deceased), Resident Of Chowkri, Vishveshwar Ji, Rasta Ramlalla Ji, Jaipur (Rajasthan).

3. Ratan Devi D/o Late Shri Hari Narayan W/o Shri Ram Kis- han, Resident Of Chowkri Ramchandraji, Phuta Khura, Janki Ballabh Ji Ka Mandir (Died During Pendency Of Ap- peal).

4. Manphool Devi D/o Hari Narayan W/o Sitaram, Resident Of Mandir Kwas Ji, Chowkri Purani Bazar, Jaipur (Died (4 of 6) [CSA-291/2023] During Pendency Of Appeal). ----Respondents For Appellant(s) : Mr. R.K. Daga with Mr. Rahul Singh Chauhan Ms. Laveena Agarwal Mr. Pankaj Soni For Respondent(s) : Mr. K.N. Sharma with Mr. Pankaj Choudhary HON'BLE MR. JUSTICE ASHOK KUMAR JAIN 07/04/2025 Order S.B. Civil Second Appeal No. 291/2023 & S.B. Civil Second Appeal No. 290/2023

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 3 years and learned counsel appearing for respondents agrees to 2 years and 8 months but on enhanced rent. Learned counsels for parties agreed that the appellants (tenant) would make payment @ ₹7500/- per month as mesne profit (rent) from 01.04.2025 till vacation of suit premises on 31.12.2027.

3. In view of aforesaid, these second appeals under Section 100 of CPC are disposed of in following terms:- i. The judgment and decree dated 02.03.2019 in C.S. No. 05/1987 affirmed in civil regular appeal No.05/2019 (CIS No. 94/2019) on

13.10.2023 is hereby affirmed and the second appeal No. 291/2023 is hereby dismissed. (5 of 6) [CSA-291/2023] ii. The judgment and decree dated 23.09.2011 in C.S. No. 01/2010 (554/1971) affirmed in civil regular appeal No.46/2011 (CIS No. 865/2014) on 13.10.2023 is hereby affirmed and the second appeal No. 290/2023 is hereby dismissed. iii. Time till 31.12.2027 is granted to appellants-defendant (tenant) to vacate the suit premises and handover vacant possession of suit property to plaintiffs or their assignee. iv. The appellants are restrained not to transfer or alienate the suit property till handing over the vacant possession to respondents-plaintiffs or their assignee. v. The appellants-defendant shall pay mesne profit/rent at the rate of ₹7500/- (Rs. Seven Thousand Five Hundred only) per month from 01.04.2025 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 31.03.2025, the appellants shall make payment of rent/mesne profit at the rate already/directed determined by the Court below. vi. 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. vii. In case of three consecutive default in monthly payment of rent or mesne profit, the respondents-plaintiffs is entitled for immediate execution of decree of eviction, in both the matters.

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 of 6) [CSA-291/2023]

7. Misc. application, if any, stands disposed of. No order as to costs. S.B. Cross Objection (Civil) No. 11/2024

1. During course of argument, learned counsel offers to withdraw S.B. Cross Objection (Civil) No. 11/2024.

2. Hence, S.B. Cross Objection (Civil) No. 11/2024 stands dismissed as withdrawn with pending application(s), if any.

3. No order as to costs. MONU /104-106 (ASHOK KUMAR JAIN),J