In a second appeal regarding eviction and arrears of rent settled between parties via mediation and sale agreement, the court modified the decree disposing of the appeal.
Decree dated 21.12.1993 modified in view of settlement and appeal disposed of.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL SECOND APPEAL NO.380/1996 BHOOLI BAI & ORS. VS. NEMI CHAND & ORS.
DATE OF ORDER : : 6th January, 2016
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
Shri V.K. Tamoliya for the appellants. Shri Laxmi Kant for the respondents.
This is defendants' second appeal against the judgement and decree dated 4.9.1996 passed by Additional District Judge, Jhalawar whereby the judgement and decree passed by Munsif, Pidawa dated 21.12.1993 was confirmed. The Munsif Pidawa had decreed the suit filed by the plaintiff‐respondents for eviction and arrears of rent by the aforesaid order.
The interim order was passed on 1.11.1996 and the appeal was admitted on 31.5.2001. The matter remained pending since then. The matter was referred to the Mediation Centre for amicable settlement between the parties. The parties have on persuasion of the learned Mediator settled the dispute and signed the settlement according to which the plaintiff‐respondents has agreed to sell the property to the tenant‐appellants for a sum of Rs.3 lacs. An agreement to sale dated 25.5.2015 to that effect has also been executed.
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The decree dated 21.12.1993 is accordingly modified in view of the settlement arrived at between the parties and the appeal is accordingly disposed of.
(Mohammad Rafiq),J.
RS/7
All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma,P.A.)
BHOOLI BAI & ORS.
NEMI CHAND & ORS.
MOHAMMAD RAFIQ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
