CSA/281/2026 of HUKMICHAND CHHAJER S/O SHRI SHANKER LAL CHHAJER, Vs SUKHRAJ TATHER S/O SHRI TARACHAND TATHER, on 10 August 2026

Order

10/08/2026

1. The present civil second appeal has been filed by the appellant, assailing the judgment and decree dated 27.04.2026 passed by the learned Additional District Judge No.1, Kekri, District Ajmer, in Civil Appeal No. 04/2026 (CIS No.04/2026) titled as 'Hukmichand Chhajer vs. Sukhraj Tather', whereby the learned Appellate Court dismissed the appeal filed by the defendant/appellant and affirmed the judgment dated 17.11.2025 and decree dated 21.11.2025 passed by learned Civil Judge, Kekri, District Ajmer, in Civil Suit No.74/2019 (CIS No.74/2019), titled as 'Sukhraj Tather vs. Hukmichand Chhajer', wherein the suit filed by the respondent was decreed, and a decree of eviction and recovery of rent was passed.

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2. During the course of arguments, learned counsel for the appellant, upon instructions of his client, whose son is present in person, submits that the appellant does not wish to press the present civil second appeal on merits, and would be satisfied if the appellant is granted reasonable time of one and a half year to vacate the suit premises.

3. Learned counsel for the respondent, upon instructions from his client, who is present in person submits that he has no objection if the time prayed for by the appellant, to vacate the suit premises, is granted, provided he deposits the entire arrears of rent.

4. Heard.

5. In view of the above, and with the mutual consent of the parties, this civil second appeal is disposed of with the following directions: "(i) The appellant shall be entitled to continue in possession of the suit premises until 28.02.2028, but not beyond, on the condition that the appellant shall hand over vacant and peaceful possession of the premises to the respondent on or before that date i.e. 28.02.2028.

(ii) The appellant shall pay or deposit entire arrears of rent, if any, and further pay rent due from 31.08.2019 up to 31.07.2026 at the rate of Rs.1,330/- per month within six (06) weeks from today into the bank account of the respondent. From 01.08.2026 onwards until the date of actual vacation, the appellant shall continue to pay or deposit the mesne profits at the rate of Rs. 1,330/- per month in the respondent's bank account by the 15th day of each month.

(iii) The appellant shall not sublet, create any third-party rights, or hand over possession of the tenanted premises to any other person.

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(iv) If the appellant fails to deposit the mesne profits for three (3) consecutive months, the respondent shall be entitled to execute the decree without further reference of this Court, from the date of such default.

(v) The appellant shall submit an undertaking duly supported with an affidavit, incorporating the above conditions, before the learned Trial Court within four weeks from the date of this order. Non-compliance or breach of any condition mentioned hereinabove shall empower the respondent to execute the decree immediately and take possession of the premises in accordance with law.

(vi) If the appellant fails to vacate the premises by 28.02.2028, the respondent may initiate contempt proceedings for breach of undertaking or non-compliance."

6. Accordingly, while maintaining the impugned judgment and decree, the present civil second appeal is disposed of, with the aforesaid directions.

7. The stay application and all other pending applications, if any, also stand disposed of as not pressed. (MANEESH SHARMA),J 53/Seema