The appellant filed a civil second appeal for eviction. The appellant sought liberty to resort to a fresh suit based on title. The court dismissed the appeal as withdrawn with liberty to approach the lower court afresh.
Liberty granted to the appellant to institute a fresh suit on the basis of its title.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Second Appeal No. 247/2014
Rajasthan Bal Seva Sadan, Fatehpur Shekhawati trough its Manager, Suresh Chandra s/o Lal Chand, R/o Fatehpur Shekhawati District Sikar (Raj.)
----Appellant-Plaintiff
Versus
1/1/ Satya Narayqan adopted S/o Kishan lal, r/o Near Newatiya School, Fatehpur Shekhawati District, Sikar
----Respondents-Defendant
For Appellant(s) : Mr. Ankit Jain for Mr. M.C. Jain For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
05/07/2022
Counsel for appellant submits that in the second appeal, civil suit for eviction has been dismissed with finding that appellantCharitable Trust could not establish the relationship of landlord and tenant with defendants. However, since the property was gifted to the appellant-trust, the appellant-trust intends to institute a fresh suit on the basis of its title.
Learned counsel for the appellant-trust does not want to press this second appeal and seeks liberty to institute a fresh suit on the basis of its title.
(2 of 2)
[CSA-247/2014]
In facts and circumstances of the case, without expressing any opinion on merits, the second appeal is dismissed as withdrawn with the liberty as prayed for.
Stay application and any other pending application(s) if any, stand(s) disposed of.
(SUDESH BANSAL),J
TN/105
Rajasthan Bal Seva Sadan
Satya Narayan
Govind Prasad
Sudesh Bansal
As recorded by the court registry
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