Allowed

Raj Kumar Alias Raju v. Jai Ram and Others

Rajasthan HC4 May 2016CSA/48/2016

Case brief

AI extract

What is this about?

On consent of parties, the High Court allowed the appeal suspended to allow the appellant one year extension to vacate the suit premises. The appellant was directed to deposit mesne profits and submit an undertaking, failing which the decree would be executable for immediate possession.

What did the court decide?

Appellant allowed a two-year extension to vacate the suit premises by May 4, 2018, subject to depositing mesne profits and submitting an undertaking.

Raj Kumar Alias Raju Vs Jai Ram and Others — Property and Title | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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ORDER

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S.B. Civil Second Appeal No.48/2016

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Raj Kamal @ Raju vs. Jai Ram & Ors.

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Date of Order: 4.5.2016

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Mr. R.K. Agarwal senior counsel with Ms. Sunita Pareek, for the appellant/s. Mr. R.B. Mathur, for the respondent/s.

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Learned counsel for the appellant Mr. R.K. Agarwal senior counsel after arguing the matter at some length, on instruction of his client has not pressed this appeal on merits. The only prayer made by him is that two year's time may kindly be granted to the to vacate the suit premises.

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Mr. R.B. Mathur learned counsel for the respondents with instruction from his clients agreed to the proposal of learned counsel for the appellant.

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In view of the consent of the learned counsel for the parties, the appeal is being decided in the following directions:-

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The appellant shall be entitled to continue in possession of the suit premises up to 04/05/2018 but not beyond that, subject to condition that he would hand over the vacant and peaceful possession of the suit premises to the respondents on or before 04/05/2018.

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The appellant shall deposit arrears of mesne profit which have accrued up to 03/05/2016 @ Rs. 3000/- P.M. within a

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period of one month from today in the bank account of the respondents and thereafter, from 04/05/2016 to 03/05/2018 the appellant shall deposit the mesne profit @ Rs. 3000/- P.M. In the bank account of the respondents by 15^th of each month.

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The appellant shall not alienate or otherwise create third party right or hand over possession of the tenanted premises in question to any other person.

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If the appellant fails to deposit the mesne profit consecutively for four months, the respondents shall be at liberty to execute the decree without any further reference to the Court.

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Further, the appellant shall submit an undertaking on oath incorporating the aforesaid conditions before the trial Court within a period of four weeks from the date of this order. In case the appellant fails to submit the undertaking as aforesaid within four weeks from today and/or breach the conditions of this order, the respondents shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with law.

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The second appeal stands disposed of accordingly, Stay application is also disposed of.

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A.Sharma/s-74

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All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed:

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(Anil Sharma) Jr.P.A.

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Raj Kumar Alias Raju v. Jai Ram and Others

Case brief

What is this about?

What did the court decide?

Raj Kumar Alias Raju v. Jai Ram and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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