The high court dismissed the second appeal in an eviction suit, affirming the lower courts' decree. It granted till 30 June 2026 to vacate the property and clarified that findings in this suit do not bar pursuing title in a pending civil suit.
Time till 30.06.2026 granted to vacate premises; appeal dismissed.
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[2024:RJ-JP:16269]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Second Appeal No. 302/2017
----Appellants
Versus
----Respondents
| For Appellant(s) | : Mr. Manoj Kumar Bhardwaj with Mr. Sachin Kumar and Mr. Pankaj Kumar |
|---|---|
| For Respondent(s) | : Mr. J.P. Goyal, Sr. Adv. with Ms. Deeksha Mittal, |
| Mr. Siddarth Singh, Ms. Sakshi Tiwari |
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
05/04/2024
[2024:RJ-JP:16269]
[CSA-302/2017]
(2 of 3)
Senior Civil Judge, Dholpur whereby a suit for eviction and arrears of rent filed by respondents-plaintiffs was decreed.
(3 of 3) [CSA-302/2017]
[2024:RJ-JP:16269]
i. The order and decree dated 24.02.2015 in C.S. No.36/2008 affirmed in Regular Civil Appeal No.7/2015 on 08.03.2017 are hereby affirmed and the appeal stands dismissed.
ii. Time till 30.06.2026 is granted to appellants-defendants to vacate the suit premises and handing over the vacant possession to plaintiffs or the representative of the plaintiff.
iii. The appellants are restrained not to transfer or alienate the suit property till handing over the vacant possession to respondents-plaintiffs or their assignee.
iv. Appellants-defendants will continue to pay mesne profit as ordered by the Court, if any.
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.
(ASHOK KUMAR JAIN),J
Arun/11
2 issues framed by the court
Whether the second appeal challenging the eviction decree and rent arrears should be allowed or dismissed.
Whether time should be granted to vacate the premises while preserving rights to pursue independent title claims in a pending suit.
Mohammad Irshad S/o Late Shri Natthey Khan
Mohammad Dilshad S/o Late Shri Natthey Khan
Mohammad Irfan S/o Late Shri Natthey Khan
Satya Prakash S/o Late Shri Gabri Nandan
Musmat Kiswari W/o Late Shri Natthey Khan
Ashok Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
