Allowed

Sita Ram v. Mahaveer Prasad

Rajasthan HC2 Jan 2024CR/88/2023

Case brief

AI extract

What is this about?

This single judge order allows a revision petition challenging an order rejecting a Section 47 CPC application. The court quashed the impugned order directing the petitioner to grant vacant possession of a shop for Rs. 9,000/month rent within one month.

What did the court decide?

Impugned order dated 11.05.2023 quashed and set aside. Petitioner directed to hand over vacant possession of shop within one month on monthly rent of Rs. 9,000/- after executing fresh rent agreement.

Sita Ram Vs Mahaveer Prasad — Partition | Rajasthan HC (2024)

¶1

[2024:RJ-JD:128]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Revision Petition No. 88/2023

¶4

Sita Ram S/o Binja Ram, Aged About 59 Years, Resident Of Sadar Bazar, Nokha Mandi, Nokha Mandi, Tehsil Nokha, District Bikaner.

¶5

----Petitioner

¶6

Versus

¶7

Mahaveer Prasad S/o Rewant Ram, Resident Of Behind Panchariya Tube Well, Roda Road, Nokha Mandi, Tehsil Nokha, Bikaner.

¶8

----Respondent

¶9

For Petitioner(s)	: Mr.	Virendra Acharya
For Respondent(s)	: Mr.	Rahul Sharma

¶10

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

¶11

Order

¶12

02/01/2024

¶13

The present civil revision petition under Section 115 read with Section 151 of the CPC has been preferred by the petitioner against the order dated 11.05.2023 passed by the learned Civil Judge and Judicial Magistrate, Nokha, District Bikaner in execution proceeding No. 04/2021 whereby, the learned trial Court rejected the application under Section 47 of the CPC filed by the petitioner. 2. At the outset, learned counsel appearing for the petitioner while relying upon the ' Mauka Commissioner Report' (Annexure10) and the ' Najri Naksha', submits that the petitioner is ready and willing to give the shop marked as "A" on rent to the respondent at monthly rent of Rs. 9,000/-. It is also submitted that at present, the aforesaid shop is vacant and if the same is not found vacant, the petitioner shall, within a period of one month,

[2024:RJ-JD:128]

[CR-88/2023]

(2 of 2)

get the shop vacated and peaceful possession of the aforesaid shop would be handed over to the respondent after executing the fresh rent agreement. It is submitted that if the respondent is ready and willing to agree to the aforesaid proposition, then the impugned order may be quashed and set aside and the revision petition may be allowed as per terms and conditions indicated above.

¶18

Learned counsel appearing for the respondent submits that the respondent agrees to the aforesaid terms and conditions as proposed by the learned counsel for the petitioner.

¶19

In view of the above, the present revision petition is allowed. The impugned order dated 11.05.2023 passed by the learned Civil Judge and Judicial Magistrate, Nokha, District Bikaner is quashed and set aside. The petitioner shall hand over the vacant and peaceful possession of the shop marked as "A" in 'Najri Naksha' to the respondent on a monthly rent of Rs. 9,000/- within a period of one month from today and for this purpose, a fresh rent agreement may be executed between the parties.

¶20

In case of non-compliance of this order, the respondent shall be at liberty to take appropriate legal recourse.

¶21

(MADAN GOPAL VYAS),J

¶22

57-Dinesh/-

Sita Ram v. Mahaveer Prasad

Case brief

What is this about?

What did the court decide?

Sita Ram v. Mahaveer Prasad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shankar Lal Vs Gigi Devi

Manfool Vs State of Rajasthan

Prahlad Ram Vs State of Rajasthan

Smt. Kamla Devi Vs Smt. Chunni Devi

Udai Lal Vs Smt.Shrangari Devi

Ram Chand Vs Lrs of Keshav Chand