Kailash Chandra v. Mukesh Chandel
Case brief
What is this about?
The High Court at Jodhpur disposed of a Civil First Appeal regarding eviction proceedings. The Court directed the Lower Court to record a specific and conclusive finding under the relevant Municipal Act concerning possession. The Court remanded the matter for disposal by a Low Court Judge.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil First Appeal No. 300/2022
- Kailash Chandra S/o Shri Bhagwan Sahai Jangid, Aged About 67 Years, R/o Ratlam Road, Banswara (Raj.)
- Harish S/o Shri Shreechand Singhi, Aged About 50 Years, Manager, Harmony Garden, Near Parytak Sthal, Ratlam Road, Banswara (Raj.)
----Appellants
- Versus
- Mukesh Chandel S/o Shri Ambalal Chandel, R/o Vaneshwar Mahadeo Road, Banswara (Raj.)
- Municipal Council, Banswara Through Commissioner, Municipal Council, Banswara (Raj.)
- The State Of Rajasthan, Through District Collector, Banswra (Raj.)
----Respondents
| For Appellant(s) | : | Mr. Suresh Shrimali |
|---|---|---|
| Mr. Rishabh Shrimali | ||
| For Respondent(s) | : | Mr. V.K. Gaur Mr. Pankaj Gupta |
| Mr. Manas Ranchore Khatri |
Issues for consideration
3 issues framed by the court
Whether the High Court was justified in remanding the matter for fresh disposal under Section 11 of the Haryana Municipal Corporation Act, 1995.
Whether the application for eviction under Order 7 Rule 11 CPC was correctly decided.
Whether the use of the term 'likely to affect' was appropriate in the absence of specific orders affecting the tenant.
Parties & counsel
- appellant
Harish
- appellant
Kailash Chandra
- respondent
Mukesh Chandel
- respondent
Municipal Council, Banswara
- respondent
The State Of Rajasthan
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · August
- Registered
- Case no.
- CFA/300/2022
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