Abdul Rashid S/O Abdul Gaffar Vs Ariz Mohammad S/O Late Shri Faiz Mohammad

[2025:RJ-JP:29481]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Second Appeal No. 687/2007

Abdul Rashid S/o Abdul Gaffar, Aged About 50 Years, R/o Makan No. 4590 Purane Thane Ke Samne, Ramganj Bazar, Chowkdi Ramchandra Ji, Jaipur (Raj.)

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----Appellant

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Versus

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Aariz Mohammad S/o Late Shri Faiz Mohammad, R/o Makan No. 54 Maniharo Ka Rasta, Chowkdi Modikhana, Jaipur (Deceased During Pending Appeal)

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1/1. Smt. Badar Jahan Widow of Late Aariz Mohammad, R/o Makan No. 54,maniharo Ka Rasta Tripoliya Bazar, Jaipur. (Deceased During Pending Appeal)

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1/2. Mohammad Arif S/o Late Aariz Mohammad, R/o Makan No. 54,maniharo Ka Rasta Tripoliya Bazar, Jaipur.

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1/3. Mohammad Asif S/o Late Aariz Mohammad, R/o Makan No. 54,maniharo Ka Rasta Tripoliya Bazar, Jaipur.

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1/4. Mohammad Kashif S/o Late Aariz Mohammad, R/o Makan No. 54,maniharo Ka Rasta Tripoliya Bazar, Jaipur.

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1/5. Jeenat Jahan W/o Mumtajuddin Gauri D/o Late Aariz Mohammad, R/o Makan No. 3454, Neendadrav Ji Ka Rasta, Dusra Chauraha, Chandpole Bazar, Jaipur.

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1/6. Ajmat Jahan W/o Riyajuddin Gauri W/o Late Aariz Mohammad, R/o Makan No. 3454, Neendadrav Ji Ka Rasta, Dusra Chauraha, Chandpole Bazar,jaipur.

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1/7. Rahat Jahan W/o Azaz Ahmad D/o Late Aariz Mohammad, R/o Makan No. 4098, Kailash Nath, Rana Colony, Madina Masjid Ke Pichhe, Shastri Nagar, Jaipur.

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1/8. Nusrat Jahan W/o Ahmad D/o Late Aariz Mohammad, R/o Makan No. 2, Sarrafo Ki Bagichi Ke Pass, Dehli Bye Pass Road, Eidgah, Jaipur.

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1/9. Mohammad Imran S/o Late Shri Aariz Mohammad, R/o Makan No. 99, Vijayraj Colony, Nai Ki Thadi, Lal Waas, Ramgarh Road, Jaipur.

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1/10. Mohammad Farid S/o Late Aariz Mohammad, R/o Makan No. 85, Shantinagar,joshi Marg, Jhotwara, Jaipur.

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1/11. Mohammad Abid S/o Late Aariz Mohammad, R/o Makan

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(2 of 4) [CSA-687/2007]

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[2025:RJ-JP:29481]

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No. 2/17, Van Vihar Colony, Dehli Bye Pass Road, Eidgah, Jaipur.

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1/12. Saeeda Jahan W/o Abdul Aziz D/o Late Aariz Mohammad, R/o Makan No. 26, Meer Sagar Colony, Kukandpura Road Bhankrota, Jaipur.

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1/13. Ishrat Jahan W/o Masood Aalam D/o Late Aariz Mohammad, R/o Jawahar Gate Ke Andar, Rangari Gali, Amrawati (Maharashtra).

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----Respondents

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For Appellant(s)	: Mr. Z.A Naqvi, Sr. Adv with
	Ms. Rabiya Mateen,Adv.
For Respondent(s)	: Mr. R.S. Chouhan,Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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01/08/2025

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This civil second appeal has been filed by the appellantplaintiff (for short 'the plaintiff') against the judgment and decree dated 23.05.2007 passed by Additional District Judge No.1, Jaipur City, Jaipur (for short 'the first appellate Court') in civil regular appeal No.19/2006, whereby the first Appellate Court allowed the appeal filed by the respondents-defendants (for short ‘the defendants’) and set aside the judgment and decree dated 13.04.2006 passed by the Civil Judge (J.D), Jaipur City (West) Jaipur (for short 'the trial Court') in civil suit No.73/2000, by which the trial Court partly decreed the plaintiff’s suit for eviction, recovery of rent and permanent injunction.

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Without going into merit of the case, at the very outset, learned counsel for the defendants submits that 18 months’ time may be granted to the defendants to vacate the suit premises.

[2025:RJ-JP:29481]

[CSA-687/2007]

(3 of 4)

Learned Senior Counsel appearing for the plaintiff, on instructions of his client, has no objection in granting the time as prayed by learned counsel for the defendants for vacating the premises. The defendant Nos.1/2, 1/4 to 1/8, 1/10 to 1/12 are present in the Court today and their signatures has been obtained on the court's order sheet. They have been duly identified by their Advocate. He has submitted an application along with an undertaking of the defendant Nos.1/2, 1/4 to 1/8, 1/10 to 1/12, which is taken on record.

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In view of the aforesaid submissions and with the consent of learned counsel for both the parties, this second appeal is being decided in the following terms:-

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(i) The defendants shall be entitled to continue in possession of the premises uptill 31.01.2027 but not beyond that, subject to the condition that they will hand over the vacant and peaceful possession of the premises to the plaintiff on or before 31.01.2027 .

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(ii) The defendants shall also pay/deposit the monthly rent of the rented premises on month to month basis from August, 25 onwards and shall continue to deposit the monthly rent at the said rate in the bank account of the plaintiff by 15^th of each succeeding month. The plaintiff shall furnish bank account details to the defendants/their counsel within 10 days from today.

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(iii) The defendants shall not alienate or otherwise create third party right and/or handover the possession of the suit premises to any other person.

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(iv) If the defendants fail to deposit/pay the monthly rent consecutively for four months, the plaintiff shall be at liberty to

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[2025:RJ-JP:29481] (4 of 4) [CSA-687/2007]

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get executed the decree without any further reference to the court.

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The second appeal stands disposed of accordingly.

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Pending application(s), if any, also stand(s), disposed of.

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(NARENDRA SINGH DHADDHA),J