Dismissed

Hari Narayan Son of Ram Gopal Agarwal v. Gulabchand @ Rameshwarlal Son of Birdhichand Brahmin

Rajasthan HC23 May 2024CSA/129/2003

Case brief

AI extract

What is this about?

Tenants sought time to vacate suit premises in a pending second appeal. Respondent-plaintiffs consented. The High Court affirmed the appellate decree of 17.01.2003, dismissed the second appeal, and granted time till 31.12.2026 to vacate, subject to conditions including an undertaking with ₹2 lakh surety.

What the court decided

AI extract

Hari Narayan Son of Ram Gopal Agarwal Vs Gulabchand @… — Landlord and Tenant | Rajasthan HC (2024)

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[2024:RJ-JP:24517]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 129/2003

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Hari Narayan S/o Ram Gopal Agarwal R/o Neendar Raoji Ka Rasta, Tambaku Walon Ka Makan, Jaipur (Deceased)

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1/1. Prem Narayan Agarwal, Aged About 77 Years, S/o Shri Hari Narayan Agarwal

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1/2. Raj Kumar Agarwal, Aged About 61 Years, S/o Shri Hari Narayan Agarwal

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----Appellants

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Versus

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Gulabchand @ Rameshwarlal S/o Birdhichand Brahmin, R/o Jaipur (died) through legal representatives: 1/1. Tara Shankar S/o Gulab Chand 1/2. Santosh D/o Gulab Chand 1/3. Indra Devi W/o Ramjilal D/o Gulabchand 1/4. Kanta Devi W/o Bhagwan Sahai D/o Gulabchand 1/5. Lalli Devi W/o Gulabchand (Deleted) All R/o near Jageshwar Mahadeo Temple, Brahmpuri, Jaipur.

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----Respondents

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For Appellant(s)	: Mr. Rajneesh Gupta with Mr. Utkarsh Goyal
For Respondent(s)	: Mr. N.K. Maloo, Sr. Adv. with Mr. N.K. Singhal

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order

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23/05/2024

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Learned counsel for appellants submits that the appellantstenant is ready to vacate the suit premises on or before 31.12.2026 in pursuant to judgment and decree dated 17.01.2003 in Civil Regular Appeal Nos.31/2002 and 33/2002 passed by learned Additional District Judge No.5, Jaipur City, Jaipur.

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Learned Senior Advocate appearing for respondents-plaintiffs agreed for the time as proposed by Mr. Rajneesh Gupta, Adv. on instructions of appellants-defendants-tenants.

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(2 of 2) [CSA-129/2003]

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[2024:RJ-JP:24517]

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In view of aforesaid submissions before the Court, the instant S.B. Civil Second Appeal is disposed of with consent in following terms:-

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i. The order and decree dated 17.01.2003 in Civil Regular Appeal Nos.33/2002 (51/1997) and 31/2002 passed by learned Additional District Judge No.5, Jaipur City, Jaipur, are hereby affirmed and the second appeal stands dismissed.

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ii. Till 31.12.2026 time is granted to appellants-defendants to vacate the suit premises and handing over vacant possession to the plaintiff or representative of the plaintiff.

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iii. The appellants are restrained not to transfer or alienate the suit property till handing over the vacant possession to respondents-plaintiffs or his assignee.

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iv. Appellants-defendants will continue to pay mesne profit as ordered by the Court, if any.

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v. The appellants-defendants will not cause any damage or substantial alteration to the property in dispute till its vacation and handing over the possession to the respondents-plaintiffs.

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With aforesaid conditions an undertaking with one surety of

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₹2 Lakh shall be submitted by the appellants-defendants 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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Arun/21

Hari Narayan Son of Ram Gopal Agarwal v. Gulabchand @ Rameshwarlal Son of Birdhichand Brahmin

Case brief

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Hari Narayan Son of Ram Gopal Agarwal v. Gulabchand @ Rameshwarlal Son of Birdhichand Brahmin

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