Dismissed

Shokat Khan S/O Bulaki Khan v. Kirandevi W/O Shri Tarachand

Rajasthan HC30 May 2024CSA/241/2024

Case brief

AI extract

What is this about?

The High Court affirmed the decree dated 18.07.2017 in the underlying civil suit. It granted the appellant one and half years to vacate the premises, ordered the appellant to prevent alienation and damage to the property, and mandated payment of mesne profits.

What did the court decide?

Appellant granted one and half years (till 30.11.2025) to vacate; restrained from alienating or damaging the property; directed to pay mesne profits.

Shokat Khan S/O Bulaki Khan Vs Kirandevi W/O Shri… — Property and Title | Rajasthan HC (2024)

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[2024:RJ-JP:25976]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 241/2024

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Shokat Khan S/o Bulaki Khan, Aged About 62 Years, R/o Hara Jhandha Gumat, Town Bari, Tehsil Bari, District Dholpur (Raj.)

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----Appellant

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Versus

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Kirandevi W/o Shri Tarachand, R/o Sarayganj, Bari, Tehsil Bari, District Dholpur (Raj.)

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----Respondent

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For Appellant(s) : Mr. Mohd. Anees For Respondent(s) : Mr. L.L. Gupta

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order

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30/05/2024

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Mr. L.L. Gupta, learned counsel has filed power on behalf of respondent plaintiff.

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Learned counsel for appellant submitted that one year and 6 months time be granted to evict the suit premises in pursuant to judgment and decree passed by learned trial court on 18.07.2017 in civil suit No. 79/2004. Learned counsel for respondent plaintiff (landlord) agrees for time as suggested by learned counsel for appellant for eviction of suit premises.

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On the basis of statement and submissions of learned counsel for parties, instant civil second appeal is disposed of in following terms:

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i. The order and decree dated 18.07.2017 in C.S. No. 79/2004 affirmed in civil appeal No.11/2023 on 30.04.2024 are hereby affirmed and the second appeal stands dismissed.

(2 of 2)

[2024:RJ-JP:25976]

[CSA-241/2024]

ii. One and half year or time till 30.11.2025 is granted to appellant-defendant to vacate the suit premises and handing over vacant possession to the plaintiff or representative of the plaintiff.

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

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

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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

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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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PREETI VALECHA /146

Shokat Khan S/O Bulaki Khan v. Kirandevi W/O Shri Tarachand

Case brief

What is this about?

What did the court decide?

Shokat Khan S/O Bulaki Khan v. Kirandevi W/O Shri Tarachand

Case brief

What is this about?

What did the court decide?

What the court decided

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