Partly allowed

Bhagwan Sahay S/O Shri Krishan Chand, v. Satyanarayan Maheshwari S/O Shri Chhitarmal Maheshwari

Rajasthan HC6 Feb 2024CSA/42/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Bench at Jaipur, disposed of a second appeal under Section 100 CPC. While affirming the lower court's decree, it granted the appellant-tenant 20 months to vacate the property, ordered a monetary undertaking, and restrained transfer of the disputed asset.

What did the court decide?

Parties ordered to submit undertaking with surety; appellant granted 20 months to vacate premises with restrictions on alienation and transfer.

Bhagwan Sahay S/O Shri Krishan Chand, Vs Satyanarayan… — Landlord and Tenant | Rajasthan HC (2024)

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[2024:RJ-JP:6064]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 42/2024

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Bhagwan Sahay S/o Shri Krishan Chand, Owner Of Business Kalaptru Pharmacy R/o Roopangarh Road, Madanganj Kishangarh.

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----Appellant

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Versus

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Satyanarayan Maheshwari S/o Shri Chhitarmal Maheshwari, R/o Roopangarh Road, Madanganj Kishangarh

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----Respondent

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For Appellant(s) : Mr. D.N. Sharma For Respondent(s) : Mr. R.P. Garg

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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06/02/2024

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At the stage of admission, a suggestion is made that sufficient time be granted to appellant-tenant for vacation of the suit premises subject to regular payment of rent/mesne profit.

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Learned counsel for appellant suggested time period of 2 years whereas learned counsel of respondent agrees for 1 year 8 months and agreed by learned counsel for appellant.

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In view of aforesaid, this second appeal under Section 100 of CPC is disposed of in following terms:-

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i. The order and decree dated 19.10.2013 in C.S. No. 01/2009 affirmed in civil appeal No. 42/2013 on 07.12.2023 are hereby affirmed and the appeal stands dismissed.

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ii. Twenty months time till 30.09.2025 is granted to appellant-defendant to vacate the suit premises.

(2 of 2)

[2024:RJ-JP:6064]

[CSA-42/2024]

iii. The appellant is restrained not 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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MONU /26

Bhagwan Sahay S/O Shri Krishan Chand, v. Satyanarayan Maheshwari S/O Shri Chhitarmal Maheshwari

Case brief

What is this about?

What did the court decide?

Bhagwan Sahay S/O Shri Krishan Chand, v. Satyanarayan Maheshwari S/O Shri Chhitarmal Maheshwari

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

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