Suwalal S/O Bhonrilal Vs Manak Chand S/O Late Shri Hari Narayan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Second Appeal No. 291/2023

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Suwalal S/o Bhonrilal, R/o Jaipur Nagar Chowkri Vishveshwar Ji, Johari Bazar, Adjoining Sanjivini Chikitsalaya, Jaipur (Deceased During The Pendency Of Suit)

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1/1. Smt. Dropdi Devi W/o Suwalal, R/o Plot No. 12, Amriteshwar Colony, New Sanganer Road, Sodala, Jaipur (Deceased During The Pendency Of Appeal)

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1/2. Gori Shankar Agarwal S/o Shri Suwalal Agarwal, Shop No. 52, Suwalal Gorishankar, Johari Bazar, Jaipur (Raj.)

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1/3. Smt. Shanti Devi W/o Shri Radhey Shyam Agarwal, R/o A/119, Shiv Marg, Shyam Nagar, Sodala, Jaipur (Raj.)

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----Appellants

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Versus

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Manak Chand S/o Late Shri Hari Narayan, R/o House No. 2049 Peetliyon Ka Chowk, Johari Bazar, Jaipur (Died During Pendency Of Appeal)

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1/1. Smt. Maya Sharma W/o Shri Manak Chand Sharma, Died During Pendency Of Appeal.

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1/2. Dinesh Sharma S/o Late Shri Manak Chand Sharma, R/o 2049, Peetaliyon Ka Chowk, Johari Bazar, Jaipur (Raj.)

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1/3. Mahesh Chand S/o Late Shri Manak Chand Sharma, R/o 2049, Peetaliyon Ka Chowk, Johari Bazar, Jaipur (Raj.)

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1/4. Smt. Veena Sharma W/o Shri Shankar Ji Joshi, D/o Late Shri Manak Chand Sharma, R/o Joshi Mohalla, Kalwar Road, Jhotwara, Jaipur (Raj.)

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1/5. Smt. Lata Sharma W/o Shri Acharya Rajeshwar D/o Late Shri Manak Chand Sharma, R/o 239, Jaswant Nagar, Khatipura, Jaipur (Raj.)

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Manphool Devi Alias Rampyari W/o Late Hari Narayan (Deceased), R/o Chowkri, Vishveshwar Ji, Rasta Ramlalla Ji, Jaipur (Raj.)

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Ratan Devi D/o Late Shri Hari Narayan W/o Shri Ram Kishan, R/o Chowkri Ramchandraji, Phuta Khura, Janki Ballabh Ji Ka Mandir (Died During Pendency Of Appeal)

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Manphool Devi D/o Hari Narayan W/o Sitaram, R/o Mandir Kwas Ji, Chowkri Purani Bazar, Jaipur (Died During Pen-

[CSA-291/2023]

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dency Of Appeal)

----Respondents

Connected With

S.B. Civil Second Appeal No. 290/2023

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Gori Shankar S/o Late Shri Suwalal Agarwal, Aged About 74 Years, Proprietor M/s, Suwalal Gorishankar, Shop Municipal No. 1943, Johari Bazar, Jaipur (Raj.)

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Smt. Shanti Devi W/o Shri Radhey Shyam Agarwal, R/o A/ 119, Shiv Marg, Shyam Nagar, Sodala, Jaipur (Raj.)

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----Appellant

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Versus

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Manak Chand S/o Late Shri Hari Narayan, R/o House No. 2049, Temple Shri Nursinghji, Peetliyon Ka Chowk, Johari Bazar, Jaipur (Died During Pendency Of Appeal)

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1/1. Smt. Maya Sharma W/o Shri Manak Chand Sharma, Died During Pendency Of Appeal

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1/2. Dinesh Sharma S/o Late Shri Manak Chand Sharma, R/o 2049, Peetaliyon Ka Chowk, Johari Bazar, Jaipur (Raj.)

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1/3. Mahesh Chand S/o Late Shri Manak Chand Sharma, R/o 2049, Peetaliyon Ka Chowk, Johari Bazar, Jaipur (Raj.)

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1/4. Smt. Veena Sharma W/o Shri Shankar Ji Joshi D/o Late Shri Manak Chand Sharma, R/o Joshi Mohalla, Karwar Road, Jhotwara, Jaipur (Raj.)

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1/5. Smt. Lata Sharma W/o Shri Acharya Rajeshwar D/o Late Shri Manak Chand Sharma, R/o 239 Jaswant Nagar, Khatipura, Jaipur (Raj.)

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Ratan Devi D/o Late Shri Hari Narayan W/o Shri Ram Kishan, R/o Temple Janki Ballabh Ji, Phuta Khura, Chowkri Ramchandraji, Jaipur And Resident Of 3724, Chowkri Ramchandraji, Phua Khura, Ramganj Bazar, Jaipur (Died During Pendency Of Appeal)

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Manphooli Devi D/o Hari Narayan W/o Sitaram, R/o Mandir Kwas Ji, Chowkri Purani Bazar, Jaipur (Died During Pendency Of Appeal)

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----Respondents

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S.B. Cross Objection (Civil) No. 11/2024

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Suwalal S/o Bhonrilal, Resident Of Jaipur Nagar Chowkri

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(3 of 6)

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[CSA-291/2023]

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Vishveshwar Ji, Johari Bazar, Adjoining Sanjivini Chikitsalaya, Jaipur (Deceased During The Pendency Of Suit).

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1/1. Smt. Dropdi Devi W/o Suwalal, Resident Of Plot No. 12, Amriteshwar Colony, New Sanganer Road, Sodala, Jaipur (Deceased During The Pendency Of Appeal).

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1/2. Gori Shankar Agarwal S/o Shri Suwalal Agarwal, Shop No. 52, Suwalal Gorishankar, Johari Bazar, Jaipur (Rajasthan).

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1/3. Smt. Shanti Devi W/o Shri Radhey Shyam Agarwal, Resident Of A/119, Shiv Marg, Shyam Nagar, Sodala, Jaipur (Rajasthan).

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----Appellants

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Versus

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Manak Chand S/o Late Shri Hari Narayan, Resident Of House No. 2049, Peetliyon Ka Chowk, Johari Bazar, Jaipur (Died During Pendency Of Appeal).

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1/1. Smt. Maya Sharma W/o Shri Manka Chand Sharma, (Died During Pendency Of Appeal).

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1/2. Dinesh Sharma S/o Late Shri Manak Chand Sharma, Resident Of 2049, Peetaliyon Ka Chowk, Johari Bazar, Jaipur (Rajasthan).

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1/3. Mahesh Chand S/o Late Shri Manak Chand Sharma, Resident Of 2049, Peetaliyon Ka Chowk, Johari Bazar, Jaipur (Rajasthan).

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1/4. Smt. Veena Sharma W/o Shri Shankar Ji Joshi, D/o Late Shri Manak Chand Sharma, Resident Of Joshi Mohalla, Kalwar Road, Jhotwara, Jaipur (Rajasthan).

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1/5. Smt. Lata Sharma W/o Shri Acharya Rajeshwar D/o Late Shri Manak Chand Sharma, Resident Of 239, Jaswant Nagar, Khatipura, Jaipur(Rajasthan).

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Manphool Devi Alias Rampyari W/o Late Hari Narayan (Deceased), Resident Of Chowkri, Vishveshwar Ji, Rasta Ramlalla Ji, Jaipur (Rajasthan).

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Ratan Devi D/o Late Shri Hari Narayan W/o Shri Ram Kishan, Resident Of Chowkri Ramchandraji, Phuta Khura, Janki Ballabh Ji Ka Mandir (Died During Pendency Of Appeal).

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Manphool Devi D/o Hari Narayan W/o Sitaram, Resident Of Mandir Kwas Ji, Chowkri Purani Bazar, Jaipur (Died

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[CSA-291/2023]

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During Pendency Of Appeal).

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----Respondents

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For Appellant(s)	: Mr. R.K. Daga with
	Mr. Rahul Singh Chauhan
	Ms. Laveena Agarwal
	Mr. PankajSoni
For Respondent(s)	: Mr. K.N. Sharma with
	Mr. PankajChoudhary

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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07/04/2025

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S.B. Civil Second Appeal No. 291/2023 & S.B. Civil Second Appeal No. 290/2023

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During course of arguments, at the stage of admission, a suggestion is made that sufficient time be granted to appellantstenant for vacation of the suit premises subject to enhanced payment of rent/mesne profit.

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Learned counsel for appellants suggested time period of 3 years and learned counsel appearing for respondents agrees to 2 years and 8 months but on enhanced rent. Learned counsels for parties agreed that the appellants (tenant) would make payment @ ₹7500/- per month as mesne profit (rent) from 01.04.2025 till vacation of suit premises on 31.12.2027.

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In view of aforesaid, these second appeals under Section 100 of CPC are disposed of in following terms:-

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i. The judgment and decree dated 02.03.2019 in C.S. No. 05/1987 affirmed in civil regular appeal No.05/2019 (CIS No. 94/2019) on 13.10.2023 is hereby affirmed and the second appeal No. 291/2023 is hereby dismissed.

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[CSA-291/2023]

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ii. The judgment and decree dated 23.09.2011 in C.S. No. 01/2010 (554/1971) affirmed in civil regular appeal No.46/2011 (CIS No. 865/2014) on 13.10.2023 is hereby affirmed and the second appeal No. 290/2023 is hereby dismissed.

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iii. Time till 31.12.2027 is granted to appellants-defendant (tenant) to vacate the suit premises and handover vacant possession of suit property to plaintiffs or their assignee.

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iv. The appellants are restrained not to transfer or alienate the suit property till handing over the vacant possession to respondents-plaintiffs or their assignee.

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v. The appellants-defendant shall pay mesne profit/rent at the rate of ₹7500/- (Rs. Seven Thousand Five Hundred only) per month from 01.04.2025 till vacation of suit property to the respondent-plaintiff (landlord). The plaintiff-respondent shall intimate the bank account details to the appellant within a period of 4 weeks if, already not informed. Till 31.03.2025, the appellants shall make payment of rent/mesne profit at the rate already/directed determined by the Court below.

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vi. 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 respondent-plaintiff.

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vii. In case of three consecutive default in monthly payment of rent or mesne profit, the respondents-plaintiffs is entitled for immediate execution of decree of eviction, in both the matters.

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