Disposed

Gajendra Kumar @ Gajanand Son of Sh. Sohanlal Verma, v. Shyamlal Son of Late Sh. Jhandu Singh Jha

Rajasthan HC6 Mar 2024CSA/120/2024

Case brief

AI extract

What is this about?

Second appeal in a suit where the defendant was decreed to vacate premises on grounds including sub-letting. The Court affirmed the trial court's decree and first appellate court's order, dismissed the appeal but granted time till 31.12.2025 to vacate on payment of mesne profit and conditions.

What the court decided

AI extract

Gajendra Kumar @ Gajanand Son of Sh. Sohanlal Verma… — Landlord and Tenant | Rajasthan HC (2024)

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[2024:RJ-JP:12412]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 120/2024

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Gajendra Kumar @ Gajanand Son Of Sh. Sohanlal Verma, Proprietor, M/s Rajkmal Disco Music Center, 132, Framji Chowk, Nasirabad, District Ajmer.

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----Appellant

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Versus

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Shyamlal Son Of Late Sh. Jhandu Singh Jha, Resident Of Nasirabad (Since Deceased) Through Narendra Kumar Jha Son Of Shyamlal Jha, Resident Of House No. 132, Framji Chowk, Nasirabad, District Ajmer.

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Suresh Chand Son Of Sh. Motilal Sen, Through M/s. Rajkmal Disco Music Center, 132, Framji Chowk, Nasirabad, District Ajmer. Residing At Present Designer Hair Dresser, Utar Ghaseti, Naya Bazar, Ajmer

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----Respondents

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For Appellant(s) : Mr. Naseemuddin Qazi For Respondent(s) : Mr. Rajesh Kapoor

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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06/03/2024

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Learned counsel Mr. Rajesh Kapoor, appearing as caveatorrespondent-landlord accepts copy of memo of appeal, hence service is complete.

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At the stage of admission, suggestion is made that sufficient time be granted to appellant No.1 for vacation of suit premises subject to regular payment of mesne profit.

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Learned counsel for respondent has contended that appellant is sub-lettee and on the ground of sub-letting, the suit was decreed by the Trial Court.

(2 of 2)

[CSA-120/2024]

[2024:RJ-JP:12412]

Learned counsel for parties have agreed that till 31.12.2025, time be granted to the appellant-defendant for vacation of suit premises and on the basis of this instant S.B. Civil Second Appeal be disposed of in following terms:-

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i. The order and decree dated 06.02.2015 in C.S. No. 12/1999 affirmed in civil appeal No. 08/2018 on 02.01.2024 are hereby affirmed and the appeal stands dismissed.

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ii. Time till 31.12.2025 is granted to appellant-defendant to vacate the suit premises.

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iii. The appellant is restrained to transfer or alienate the disputed property till handing over the possession to respondentplaintiff or his assignee.

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iv. Appellant-defendant will continue to pay mesne profit as already ordered by the Court.

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v. The appellant-defendant will not cause any damage or substantial alteration to the property in dispute till its vacation and handing over the possession to the respondent-plaintiff.

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With aforesaid conditions an undertaking with one surety of ₹2 Lakh will be submitted by the appellant-defendant to the satisfaction of learned trial Court, within a period of 30 days.

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The appeal stands disposed of.

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Misc. application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /39

Gajendra Kumar @ Gajanand Son of Sh. Sohanlal Verma, v. Shyamlal Son of Late Sh. Jhandu Singh Jha

Case brief

What is this about?

What the court decided

Gajendra Kumar @ Gajanand Son of Sh. Sohanlal Verma, v. Shyamlal Son of Late Sh. Jhandu Singh Jha

Case brief

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What the court decided

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