Disposed

Sita Ram Bachhani v. Ramavatar

Rajasthan HC16 Jul 2025CSA/269/2002

Case brief

AI extract

What is this about?

Landlord's civil second appeal against appellate court's reversal of eviction decree. On consent of both sides, the appeal was disposed of permitting the tenant to remain in occupation until 16.07.2028, subject to payment of arrears and monthly rent, no alienation, and filing an undertaking.

What did the court decide?

Tenant permitted to occupy till 16.07.2028 with conditions: arrears payment, monthly rent, no alienation, undertaking to trial court within 60 days; landlord may seek action on breach.

Sita Ram Bachhani Vs Ramavatar — Landlord and Tenant | Rajasthan HC (2025)

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[2025:RJ-JP:27427]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 269/2002

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Sh. Sita Ram Bachhani, S/o Sh. Natharmal Bachhani, Medical Practitioner, R/o 4/101, Badi Basti, Pushkar (Ajmer).

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----Appellant-Plaintiff

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Versus

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Sh. Ramavatar, S/o Sh. Madan Lal Parashar, 4/101, Badi Basti, Pushkar (Ajmer).

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----Respondent-Defendant

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For Appellant(s) : Mr. Rajeev Surana, Sr. Adv. For Respondent(s) : Mr. Rajesh Kapoor

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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16/07/2025

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This civil second appeal has been filed by the appellantlandlord with a challenge to the judgment dated 20.02.2002 passed by the Court of learned Additional District Judge No.1, Ajmer (Raj.) (hereinafter is to be referred to as ‘the appellate Court’) in Civil Appeal No.107/1997, by which the learned appellate Court reversed the judgment and decree dated 09.04.1997 passed by the Court of learned Civil Judge (Junior Division), Judicial Magistrate First Class, Pushkar, Ajmer (in short ‘the trial Court’) in Civil Suit No.318/1993.

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The Civil Judge (Junior Division) at Pushkar, Ajmer in Civil Suit No.318/1993 filed by the appellant-landlord passed the decree of eviction dated 09.04.1997 and the respondent-tenant was directed to vacate the rent premises.

[2025:RJ-JP:27427]

[CSA-269/2002]

(2 of 3)

After arguing at some length, learned counsel for the respondent-tenant, on instructions from his client, submitted that the respondent-tenant shall vacate the disputed premises by 16.07.2028.

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Learned counsel for the appellant-landlord on instructions from his client agreed to the proposal of the learned counsel for the respondent-tenant.

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In view of the consent of learned counsel for the parties, the present civil second appeal is disposed of with the following directions:-

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(i) The respondent-tenant shall be entitled to continue in occupation of the disputed premises till 16.07.2028 with a condition that he would hand over the vacant possession of the disputed premises to the appellant-landlord on or before 16.07.2028.

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(ii) The respondent-tenant shall pay arrears of rent, if any, up to 01.08.2025 within a period of two months from today.

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(iii) The respondent-tenant shall pay rent to the appellant-landlord, as per the order of the learned Trial Court paying in present on or before 10th of each month.

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(iv) The respondent-tenant shall not alienate or otherwise create third party right, or hand over possession of the disputed premises to any other person.

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(v) Further, the respondent-tenant shall submit an undertaking incorporating the aforesaid conditions before the learned Trial Court, Ajmer within a period of sixty days from the date of this order. In case, the respondent-tenant fails to submit the undertaking as directed by this Court within a period of sixty

[2025:RJ-JP:27427]

[CSA-269/2002]

(3 of 3)

days from today or breaches the conditions of this order, the appellant-landlord shall be at liberty to file an application before this Court for breach of undertaking and conditions.

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(GANESH RAM MEENA),J

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ARTI SHARMA /9

Sita Ram Bachhani v. Ramavatar

Case brief

What is this about?

What did the court decide?

Sita Ram Bachhani v. Ramavatar

Case brief

What is this about?

What did the court decide?

What the court decided

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