Disposed

Altaf S/O Sh. Satar Grand Son of Badrudeen v. Smt. Sitadevi W/O Radheshyam Sharma

Rajasthan HC6 Jan 2022CSA/203/2021

Case brief

AI extract

What is this about?

This civil second appeal was decided on the appellant's instruction not to press it on merits. The court allowed the appellant eighteen months, until 30.06.2023, to vacate the premises, subject to deposit of rent/mesne profit and submission of an undertaking on oath.

What did the court decide?

Appellant granted possession until 30.06.2023, subject to deposit of rent/mesne profit and undertaking on oath.

Altaf S/O Sh. Satar Grand Son of Badrudeen Vs… — Execution and Attachment | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 203/2021

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Altaf S/o Sh. Satar Grand Son Of Badrudeen, Aged About 26 Years, R/o Near Jogiyo Ki Poli, In Front Of Silai Kendra, Gudhagaudji, Tehsil Udaipurwati District Jhunjhunu (Raj.)

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----Defendant/Appellant

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Versus

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Smt. Sitadevi, age 66 years W/o Radheshyam Sharma, R/o Aamli Chauk Gudhagaudji, Tehsil Udaipurwati District Jhunjhunu (Raj.) At Present 1041-E, Indra Gali Main Road, Babarpur Shaahdara S.o. East, Delhi - 110032

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----Respondent

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For Appellant(s) : Mr. Asgar Khan, Advocate

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Order

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06/01/2022

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The instant Civil Second Appeal under Section 100 CPC has been filed by the appellant aggrieved by the judgment and decree dated 23.10.2021 passed by the learned District Judge, Jhunjhunu whereby the said court dismissed the appeal filed by the defendant and upheld the judgment and decree dated 22.03.2021 passed by the learned Senior Civil Judge, Udaipurwati District, Jhunjhunu.

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Learned counsel for the appellant Mr. Asgar Khan, 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 time of eighteen months may kindly be granted to the appellant to vacate the tenanted/suit premises (for short ‘the premises’).

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(2 of 3)

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[CSA-203/2021]

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In view of the aforesaid submission of learned counsel

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for the appellant, this second appeal is being decided in the following terms:-

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The appellant shall be entitled to continue in possession of the premises uptill 30.06.2023 but not beyond that, subject to condition that the appellant will hand over the vacant and peaceful possession of the premises to the respondent on or before 30.06.2023.

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The appellant shall deposit arrears of rent, if any, due towards him upto 31.12.2021 @ 1500/- p.m. within a period of one month from today with the Bank account of the respondent. Thereafter from 01.01.2022 the appellant shall continue to deposit the rent / mesne profit @ Rs.3000/- per month with the bank account of the respondent 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 premises in question to any other person.

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If the appellant fails to deposit the mesne profit/rent consecutively for four months, the respondent 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 learned Senior Civil Judge, Udaipurwati District Jhunjhunu, 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 commits breach of any of the conditions of this order, the respondent shall be entitled to execute the decree forthwith and obtain possession of the premises in accordance

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(3 of 3) [CSA-203/2021]

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with law and it will be open for the respondent to initiate contempt proceedings in the Court.

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The second appeal stands disposed of accordingly. Consequently, upon disposal of the second appeal, stay application, filed therewith, does not survive and same also stands disposed of.

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(PRAKASH GUPTA),J

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KuD/5

Altaf S/O Sh. Satar Grand Son of Badrudeen v. Smt. Sitadevi W/O Radheshyam Sharma

Case brief

What is this about?

What did the court decide?

Altaf S/O Sh. Satar Grand Son of Badrudeen v. Smt. Sitadevi W/O Radheshyam Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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