Allowed

Ramgopal S/O Shri Ram Pratap v. Bhagwan Das Gupta

Rajasthan HC27 May 2024CSA/546/2003

Case brief

AI extract

What is this about?

In a civil second appeal concerning a suit for eviction and arrears of rent, the High Court, consenting to submissions by both counsel, set aside the first appellate decree that allowed the tenant to construct a staircase and restored the original eviction decree mandating vacancy by 31.12.2026.

What did the court decide?

Set aside the judgment and decree dated 28.05.2003; restored the judgment and decree dated 20.12.2001; granted time till 31.12.2026 for respondents to vacate the suit premises.

Ramgopal S/O Shri Ram Pratap Vs Bhagwan Das Gupta — Landlord and Tenant | Rajasthan HC (2024)

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[2024:RJ-JP:25132]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 546/2003

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Ramgopal S/o Shri Ram Pratap, R/o House No. 1815-16, Chaura Rasta, Chowkari Vishveshwarji, Jaipur (Deceased)

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1/1. Umrao Devi W/o Late Ram Gopal, Aged About 73 Years, R/o House No. 1815-16, Chaura Rasta, Chowkari Vishveshwarji, Jaipur

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1/2. Raj Kumar S/o Late Ram Gopal, Aged About 47 Years, R/o House No. 1815-16, Chaura Rasta, Chowkari Vishveshwarji, Jaipur

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1/3. Tara Jindal D/o Late Ram Gopal W/o Shri Suresh Chand Jindari, Aged About 53 Years, R/o 83, Arjun Nagar South, Gopalpura, Jaipur

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1/4. Madhubala Agarwal D/o Late Ram Gopal W/o Mohanlal Agarwal, Aged About 50 Years, R/o C-350, Mahesh Nagar, Jaipur

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----Appellants

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Versus

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Bhagwan Das Gupta, Deceased

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1/1. Smt. Prem Lata W/o Late Shri Bhagwandas Gupta, R/o House No. 285, Natanion Ka Rasta, Chaura Rasta, Jaipur

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1/2. Suresh Kumar S/o Late Shri Bhagwandas Gupta, R/o House No. 285, Natanion Ka Rasta, Chaura Rasta, Jaipur

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1/3. Rajendra S/o Late Shri Bhagwandas Gupta, R/o House No. 285, Natanion Ka Rasta, Chaura Rasta, Jaipur

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1/4. Smt. Maya W/o Shri Suresh D/o Late Shri Bhagwandas Gupta, R/o 571/4, Sector-4, Near Ram Mandir, Gurgaon

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1/5 . Smt. Meena W/o Shri Kailash D/o Late Shri Bhagwandas Gupta, R/o B-3, Near Pragati Hospital, Janta Colony, Jaipur

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----Respondents

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For Appellant(s) : Mr. M.M. Ranjan, Senior Advocate with Mr. Shubham Sharma For Respondent(s) : Mr. J.P. Goyal, Senior Advocate with Mr. Rahul Ghiya

(2 of 4)

[2024:RJ-JP:25132]

[CSA-546/2003]

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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27/05/2024

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Appellant/plaintiff- 1/2 Raj Kumar is present in person.

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Respondent/defendant- 1/3 Rajendra Gupta is also present in person.

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In a suit for eviction and arrears of rent filed by appellant plaintiff before learned Additional Civil Judge (Junior Division), Jaipur City (East) Jaipur, a decree was passed on 20.12.2001 for eviction of suit property as mentioned in para-1 of the plaint. Aggrieved from judgment and decree in civil suit no.96/1989, a first appeal was preferred by defendant and same was decided on 28.05.2003 by learned Additional District Judge no.8, Jaipur City, Jaipur as Civil Regular Appeal No. 4/2003. The first appellate court has partially allowed the appeal of defendant (respondents herein) and modified the decree to the extent that appellant herein (plaintiff) is entitled to raise and construct a staircase having the width of 1 feet 9 inches from opening of the shop in southern side of the disputed shop for entry in the house of the plaintiff.

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Aggrieved from aforesaid modification by the first appellate court, instant S.B. Civil Second Appeal is preferred by the appellant plaintiff. After considering the submissions, this appeal was admitted on 27.07.2011. 5. Learned Senior Advocate appearing for appellant plaintiff has grant of reasonable time to vacate the entire suit premises to the respondents defendants. Learned Senior Advocate for respondents (tenant) submits that the respondents are ready and willing to

[2024:RJ-JP:25132]

[CSA-546/2003]

(3 of 4)

vacate the premises till 31.12.2026 in pursuant to judgment and decree dated 20.12.2001 passed by learned trial court.

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Learned Senior Advocate for appellant plaintiff agrees for aforesaid terms. 7. In view of consent of learned Senior Advocates appearing for the parties, this S.B. Civil Second Appeal is disposed of in following terms: i. The judgment and decree dated 28.05.2003 by learned Additional District Judge no.8, Jaipur City, Jaipur as Civil Regular Appeal No. 4/2003 is hereby set aside and judgment and decree dated 20.12.2001 in civil suit no. 96/1989 passed by learned Additional Civil Judge (Junior Division), Jaipur City, Jaipur is hereby restored.

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ii. Time till 31.12.2026 is granted to respondents/defendants to vacate the suit premises and handing over vacant possession to the plaintiff or representative of the appellants/plaintiffs. iii. The respondents/defendant are restrained not to transfer or alienate the suit property till handing over the vacant possession to respondents-plaintiff or his assignee. iv. Respondent/defendant will continue to pay mesne profit as ordered by the Court, if any. Arrears, if any, shall be paid within period of one month.

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

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

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[2024:RJ-JP:25132] (4 of 4)

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[CSA-546/2003]

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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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CHETNA BEHRANI /48

Ramgopal S/O Shri Ram Pratap v. Bhagwan Das Gupta

Case brief

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Ramgopal S/O Shri Ram Pratap v. Bhagwan Das Gupta

Case brief

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