Disposed

Shri Atma Ram Thr Lrs v. Sh Sunil Gupta and Ors.

Rajasthan HC4 May 2018CSA/199/2018

Case brief

AI extract

What is this about?

The High Court disposed of a second appeal in a eviction suit where appellant-defendants sought a stay. Since both parties agreed to a two-year extension, the Court granted a one-year stay until April 2020, conditioned on depositing mesne profits and providing an undertaking not to alienate the property.

What did the court decide?

Defendants-appellants granted two years (until 30th April 2020) to vacate the suit premises subject to depositing mesne profits.

Shri Atma Ram Thr Lrs Vs Sh Sunil Gupta and Ors. — 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 Second Appeal No. 199/2018

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Shri Atma Ram S/o Late Shri Rameshwar Bindal Agarwal, Cloth Merchant, Purani Mandi, Ajmer, House No. 10/136 (16/153) Since Deceased Now Being Represented Through Legal Heirs:-

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1/1. Smt. Rajni Bindal W/o Late Shri Atma Ram, R/o Narsingh Gali, Holidara, Ajmer

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1/2. Shri Lokesh Bindal @ Bablu S/o Late Shri Atma Ram, R/o Narsingh Gali, Holidara, Ajmer

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1/3. Shri Deepak Bindal @ Bablu S/o Late Shri Atma Ram, R/o Narsingh Gali, Holidara, Ajmer

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1/4. Smt. Asha Bindal D/o Late Shri Atma Ram W/o Shri Bharat Kumar, R/o Ahead Satpgiri Hospital, Baldev Singh Colony, Sumerpur, Pali

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1/5. Smt. Usha Bindal D/o Late Shri Atma Ram W/o Shri Sunil Kumar Poddar, R/o 142, Bapu Nagar, Behind Rotary Bhawan, Pali

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----Appellants

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Versus

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Shri Sunil Gupta S/o Shiv Kumar Gupta, R/o Dayanand Colony, Nrasinghpura, Ajmer And C/o Property No. 10/136=16/153, M/s. Mool Chand Budhhamal Halvai, Purani Mandi, Ajmer

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Smt. Rajni W/o Sunil Gupta, R/o Dayanand Colony, Nrasinghpura, Ajmer And C/o Property No. 10/136=16/153, M/s. Mool Chand Budhhamal Halvai, Purani Mandi, Ajmer

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----Respondents

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For Appellant(s) : Mr. Ajeet Kumar Bhandari For Respondent(s) : Mr. RK Agarwal, Sr. Advocate assisted by Mr. Mamoon Khalid

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HON'BLE MR. JUSTICE PRAKASH GUPTA

Judgment

04/05/2018

(2 of 3)

[CSA-199/2018]

The instant Civil Second Appeal under Section 100 CPC has been filed by the defendants-appellants aggrieved by the judgment and decree dated 22^nd March, 2018 passed by learned Additional District Judge No.1, Ajmer in civil regular appeal No.11/2017 (13/2017) whereby the court below has dismissed the appeal filed by the defendants-appellants against the judgment and decree dated 22^nd Decembher, 2016 passed by learned Additional Civil Judge No.6, Ajmer in Civil Suit No.113/95 (61/05) whereby the suit of the plaintiff-respondent for eviction and recovery of rent was decreed.

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Shri Ajeet Kumar Bhandari, learned counsel appearing for the defendants-appellants instead of pressing the appeal on merits, on instructions of his clients stated that the appellants may kindly be granted two years’ time to vacate the tenanted premises.

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Mr. RK Agarwal, learned Sr. Advocate appearing for the plaintiffs-respondents, on instruction of his clients has no objection in granting two years’ time to the defendants-appellants to vacate the tenanted premises.

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In view of the aforesaid submission of learned counsel for the parties, this second appeal is being decided in the following terms:-

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The defendants-appellants shall be entitled to continue in possession of the suit premises up to 30^th April, 2020 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 April, 2020.

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The defendants-appellants shall deposit arrears of mesne profit, if any, due towards them up to 30^th April, 2018 within a period of one month from today with the bank

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(3 of 3)

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[CSA-199/2018]

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account of the plaintiffs-respondents and thereafter, from the month of May,2018 the defendants-appellants shall continue to deposit the mesne profit in the bank account of the plaintiffs-respondents by 15^th of each month.

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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.

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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.

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Further, the appellants 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 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 plaintiffs-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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(PRAKASH GUPTA), J

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Bairwa/49

Shri Atma Ram Thr Lrs v. Sh Sunil Gupta and Ors.

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Shri Atma Ram Thr Lrs v. Sh Sunil Gupta and Ors.

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