Kapil Son of Shri Kishan Lal Vs Puran Mal Son of Shri Ram Swaroop

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[2025:RJ-JP:41926]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 287/2024

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Kapil Son Of Shri Kishan Lal, Resident Of Tiwari Mohallah, Ward No. 31, Baswa Road, Bandikui, Distt. Dausa.

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Smt. Bhagwati Devi Wife Of Shri Kishan Lal, Resident Of Tiwari Mohallah, Ward No. 31, Baswa Road, Bandikui, Distt. Dausa.

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Smt. Sangeeta Devi Daughter Of Shri Kishan Lal, Wife Of Shri Sunil Kumar, Resident Of Shivaji Park, Alwar.

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Smt. Sunita Daughter Of Shri Kishan Lal Wife Of Shri Vijay Kumar, Resident Of Buddha Bihar, Alwar.

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Smt. Gayatri Devi Daughter Of Shri Kishan Lal Wife Of Shri Surya Prakash, Resident Of Devari Sarai, Dausa.

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Smt. Archana Daughter Of Shri Kishan Lal Wife Of Shri Bhanuprakash, Resident Of Devari Sarai, Dausa.

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Smt. Monika @ Lali Daughter Of Shri Kishan Lal Wife Of Shri Deepak Kumar, Resident Of Gopalgarh, Bharatpur.

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----Appellants

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Versus

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Puran Mal Son Of Shri Ram Swaroop, Resident Of Puran Hair Dresser, Guda Katala Road, Near Court Tri-Junction (Tiraha) And Near Sangam Bhawan, Baswa Road, Bandikui, Tehsil Bandikui, Distt. Dausa.

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----Respondent

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For Appellant(s) : Mr. Shashi Kant Saini For Respondent(s) : Mr. Ramesh Chandra Kumawat

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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14/10/2025

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Appellants-defendants have suffered decree for eviction/possession and mesne profit dated 20.03.2023 passed by Civil Judge and Judicial Magistrate Bandikui, District Dausa, in Civil Suit No. 40/2013, which has been affirmed in First Appeal bearing

[2025:RJ-JP:41926]

[CSA-287/2024]

(2 of 3)

Civil Regular Appeal No. 09/2023, vide judgment dated 24.04.2024, passed by Additional District Judge No.1, Bandikui, District Dausa.

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Heard counsel for the appellants-defendants and counsel for the respondent.

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Arguments were made by the counsel for appellant, on the issue of non-existence of the relationship of landlord and tenant between the parties, however, in view of the concurrent findings of fact, of establishing the factum of termination of tenancy of defendant by the plaintiff, by serving a registered notice and passing a decree for eviction along with mesne profit, counsel for the appellants sought instructions from the appellants and submits before this court that if some reasonable time to vacate and hand over the vacant and peaceful possession of suit property to respondent-decree holder, is granted, the appellants shall not press the Second Appeal on merits.

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Counsel appearing on behalf of the respondent-decree-holder does not dispute to grant reasonable time to vacate and hand over the possession on payment of mesne profit and on condition not to press the Second Appeal on merit.

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Accordingly, counsel for both the parties have mutually agreed to dispose of this Second Appeal under the following terms and conditions:-

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(i) The plaintiffs-appellants are allowed to continue in possession of suit premises upto 30^th June 2027 subject to condition that they shall vacate and hand over peaceful possession of suit, premises to respondent on or before 30^th June 2027.

(3 of 3)

[2025:RJ-JP:41926]

[CSA-287/2024]

(ii) The plaintiffs-appellants shall pay arrears of amount of Rs. 18,000/- and mesne profit @ 2,000/- from 1^st November, 2013 to October, 2025 within a period of six weeks from today and further shall pay mesne profit @ 5,000/- per month from November, 2025 till vacation and handing over the possession of suit premises to respondent. The arrears of profit and further mesne profit be paid by appellant in Bank Account of respondent-Puran Mal in Marudhara Gramin Bank, Branch Bandikui, bearing Account No. 11328635053.

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(iii) The plaintiffs-appellants shall not alienate or otherwise create third party right in the suit premise nor hand over possession or part with possession of the suit premise in question or hand over possession of premise in question to any other person.

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(iv) That plaintiffs-appellants shall file an undertaking incorporating aforesaid conditions, before the trial court within a period of four weeks, from the date of this order with an advance copy to respondent.

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In case plaintiffs-appellants fail to submit the undertaking, as aforesaid, and/or commits breach of conditions of this order, respondent shall be entitled to initiate immediate execution of judgment and decree dated 20.03.2023 to obtain possession of premises in issue forthwith, in accordance with law, and may also initiate proceedings of contempt for breach of undertaking.

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Accordingly, the second appeal stands disposed of.

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Stay application and pending application(s), if any, also stand disposed of.

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(SUDESH BANSAL),J

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pcg/82

Kapil Son of Shri Kishan Lal v. Puran Mal Son of Shri Ram Swaroop

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Kapil Son of Shri Kishan Lal v. Puran Mal Son of Shri Ram Swaroop

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