Disposed

Smt Hamidan and Ors. v. Bashir Ahmed Tofik

Rajasthan HC28 May 2018CSA/182/2018

Case brief

AI extract

What is this about?

Appellants did not press the second appeal on merits and sought one and a half years to vacate premises. The court allowed possession until November 2019, mandated mesne profit deposits, and set conditions for execution upon breach or failure to deposit profits.

What did the court decide?

Possession until 30th November 2019; deposit mesne profit; submit undertaking on oath; decree executable on breach.

Smt Hamidan and Ors. Vs Bashir Ahmed Tofik — Partition | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Second Appeal No. 182/2018

¶3

Smt. Hamidan W/o Late Kalu, B/c Musalman, R/o Narayan Pan Wale Ki Gali, Bajajkhana, Kota.

¶4

Salim S/o Late Kalu, B/c Musalman, Legal Heirs Of Late Kalu Nilgar S/o Shabrati, R/o Narayan Pan Wale Ki Gali, Bajajkhana, Kota.

¶5

Hamid S/o Late Kalu, B/c Musalman, Legal Heirs Of Late Kalu Nilgar S/o Shabrati, R/o Narayan Pan Wale Ki Gali, Bajajkhana, Kota.

¶6

Hanif S/o Late Kalu, B/c Musalman, Legal Heirs Of Late Kalu Nilgar S/o Shabrati, R/o Narayan Pan Wale Ki Gali, Bajajkhana, Kota.

¶7

Rashid S/o Late Kalu, B/c Musalman, Legal Heirs Of Late Kalu Nilgar S/o Shabrati, R/o Narayan Pan Wale Ki Gali, Bajajkhana, Kota.

¶8

Ramjani S/o Late Kalu, B/c Musalman, Legal Heirs Of Late Kalu Nilgar S/o Shabrati, R/o Narayan Pan Wale Ki Gali, Bajajkhana, Kota.

¶9

Samim D/o Late Kalu, B/c Musalman, Legal Heirs Of Late Kalu Nilgar S/o Shabrati, R/o Narayan Pan Wale Ki Gali, Bajajkhana, Kota.

¶10

Nafis D/o Late Kalu, B/c Musalman, Legal Heirs Of Late Kalu Nilgar S/o Shabrati, R/o Narayan Pan Wale Ki Gali, Bajajkhana, Kota.

¶11

Anisa D/o Late Kalu, B/c Musalman, Legal Heirs Of Late Kalu Nilgar S/o Shabrati, R/o Narayan Pan Wale Ki Gali, Bajajkhana, Kota.

¶12

Sabnam D/o Late Kalu, B/c Musalman, Legal Heirs Of Late Kalu Nilgar S/o Shabrati, R/o Narayan Pan Wale Ki Gali, Bajajkhana, Kota.

¶13

----Appellants-Defendants

¶14

Versus

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Bashir Ahmed Tofik S/o Marhum Abdul Shakur, B/c Musalman Luhar, R/o Narayan Pan Wale Ki Gali, Bajajkhana, Kota.

¶16

----Respondent-Plaintiff

(2 of 3)

[CSA-182/2018]

Appellant No.2

: Mr. Salim, present in person

¶21

HON'BLE MR. JUSTICE PRAKASH GUPTA

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Judgment

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28/05/2018

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The instant Civil Second Appeal under Section 100 CPC has been filed by the defendants-appellants aggrieved by the judgment and decree dated 07^th March, 2018 passed by the learned Additional District Judge No.3, Kota whereby the learned court below dismissed the appeal filed by the defendantsappellants against the judgment and decree dated 23^rd Januray, 2016 passed by the Civil Judge, North, Kota in Civil Suit No.27/2005.

¶25

Appellant No.2 Shri Salim, after arguing the matter at some length, has not pressed this appeal on merits. The only prayer made by him is that time of one and a half year may kindly be granted to him to vacate the tenanted premises.

¶26

In view of the aforesaid submission of the appellant, this second appeal is being decided in the following terms:-

¶27

The defendants-appellants shall be entitled to continue in possession of the suit premises uptill 30^th November, 2019 but not beyond that, subject to condition that they would hand over the vacant and peaceful possession of the tenanted premises to the respondent on or before 30^th November, 2019.

¶28

The appellants shall deposit arrears of mesne profit, if any, due towards them up to 31^st May, 2018 at the rate of Rs.200/- per month within a period of one month from today with the bank account of the respondents and thereafter, from the month of June, 2018, the appellants

¶29

(3 of 3)

¶30

[CSA-182/2018]

¶31

shall continue to deposit the mesne profit at the rate of Rs.1,000/- in the bank account of the respondents by 15^th of each month.

¶32

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

¶33

If the appellants fail 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.

¶34

Further, the appellants shall submit an undertaking on oath incorporating the aforesaid conditions before the Civil Judge, North, Kota within a period of four weeks from the date of this order. In case, the appellants fail to submit the undertaking as aforesaid within four weeks from today and/or commit breach of any of 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.

¶35

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

¶36

(PRAKASH GUPTA),J

¶37

Sanjay Gaur/56

Smt Hamidan and Ors. v. Bashir Ahmed Tofik

Case brief

What is this about?

What did the court decide?

Smt Hamidan and Ors. v. Bashir Ahmed Tofik

Case brief

What is this about?

What did the court decide?

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