Disposed

Gopallal Alias Gopal Singh v. Mahaveer Prasad

Rajasthan HC15 May 2018CFA/888/2017

Case brief

AI extract

What is this about?

The High Court disposed of the civil first appeal by granting the appellant 18 months to vacate the suit property, subject to deposit of mesne profits and submission of an undertaking, with liberty to execute the decree upon breach.

What did the court decide?

Appellant granted 18 months to vacate suit property; directed deposit of mesne profits; liberty to execute decree upon breach of conditions.

Gopallal Alias Gopal Singh Vs Mahaveer Prasad — Execution and Attachment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil First Appeal No. 888/2017

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Gopal lal @ Gopal Singh S/o Shri Sardar Singh, B/c Gurjar, R/o Mehra Ki Dhani, Gram Panchayat Dayra, Tehsil Khandela, District Sikar Through Power Of Attorney Holder Bhanwarlal Gurjar S/o Shri Sardaram, Aged About 44 Years, R/o Mehra Ki Dhani, Gram Panchayat Dayra, Tehsil Khandela, District Sikar Rajasthan

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----Defendant-Appellant

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Versus

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Mahaveer Prasad S/o Shri Mangalchand, B/c Gurjar, R/o Mohalla Brahmpuri Khandela, Tehsil Khandela, District Sikar Rajasthan.

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----Plaintiff-Respondent

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For Appellant(s) : Mr. Amit Singh Shekhawat For Respondent(s) : Mr. Ajay Gupta

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Order

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15/05/2018

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The instant Civil First Appeal under Section 96 CPC has been filed by the defendants-appellants aggrieved by the judgment and decree dated 25^th September, 2017 passed by learned Additional District Judge Shrimadhopur, District Sikar in civil suit No.01/2013, CIS No.09/2014 whereby the trial court has decreed the suit of the plaintiff respondent for possession of the disputed shops and for recovery of rent.

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Shri Amit Singh Shekhawat, learned counsel appearing for the defendant-appellant after arguing the matter for some time, does not press the appeal on merits and on instructions of his client has prayed that the appellant may kindly be granted time of 18 months to vacate the shops in question.

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(2 of 3)

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[CFA-888/2017]

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Mr. Ajay Gupta, learned counsel for the plaintiff respondent , on instruction of his client, Bhanwar Lal Gurjar, power of attorney holder of plaintiff-respondent, who is present in person in the Court, has no objection in granting period of 18 months to the defendant-appellant to vacate the shops in question.

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In view of the aforesaid submission of learned counsel for the defendant-appellant and plaintiff-respondent, this first appeal is being decided in the following terms:-

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The defendant-appellant shall be entitled to continue in possession of the suit property up to 30^th November, 2019 but not beyond that, subject to condition that he would hand over the vacant and peaceful possession of the suit property to the respondent on or before 30^th November, 2019.

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The defendant-appellant shall deposit arrears of mesne profit, if any, at the rate of Rs.1500/- per month due towards him up to 30^th April, 2018 within a period of one month from today with the bank account of the plaintiff-respondent and thereafter, from the month of May, 2018 the defendant-appellant shall continue to deposit the mesne profit at the rate of Rs.4500/- per month in the bank account of the plaintiff-respondent by 15^th day of each succeeding month.

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

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

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Further, the defendant-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 defendant-appellant fails to submit the undertaking as aforesaid within four weeks from today and/or commits breach of any of the conditions of this order, the plaintiff-respondent shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with law.

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(3 of 3)

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[CFA-888/2017]

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

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(PRAKASH GUPTA),J

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Bairwa/66

Gopallal Alias Gopal Singh v. Mahaveer Prasad

Case brief

What is this about?

What did the court decide?

Gopallal Alias Gopal Singh v. Mahaveer Prasad

Case brief

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What did the court decide?

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