HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 591/2003
Krishan Murarilal And Ors
----Appellant
Versus
Madan Lal (Deceased) & Ors.
----Respondent
For Appellant(s) : Mr. M.M. Ranjan Sr. Adv. assisted by Mr. Rohan Agarwal For Respondent(s) : Mr. B.L. Agarwal HON'BLE MR. JUSTICE SUDESH BANSAL Order 04/04/2022 This second appeal has been filed by appellant-defendants (hereinafter "defendants"), assailing judgment and decree dated 03.03.2001 passed by Civil Judge (Senior Division) Bayana, Bharatpur in suit No.45/98 whereby suit for eviction filed by respondent-plaintiffs has been decreed, which has been affirmed by dismissing first appeal No.14/2001 vide judgment dated 26.07.2003 passed by Additional District Judge No.1, Bayana, Bharatpur.
Counsel for respondent-landlord submits that after dismissal of his first appeal, landlord proceeded for execution of eviction decree and in execution proceedings, possession of landlord's shop has been given to landlord on 18.03.2004. Since thereafter, defendants have not paid any rent and pursuing this second appeal for reasons best known to them.
After considering the aforesaid factual scenario, defendants are directed to produce their affidavit with details about payment (Downloaded on 11/04/2022 at 08:41:52 PM) (2 of 2) [CSA-591/2003] of rent during pendency of this appeal and about position of possession of rented shop.
In view of concurrent findings of fact on the issue of bonafide and reasonable necessity, further the appellant-tenant has already been evicted way back on 2004, let the counsel for defendants may also seek instructions from their client whether to pursue the appeal on merits or not. The affidavit be filed within a period of one week.
List this appeal again on 13.04.2022 in supplementary list.
(SUDESH BANSAL),J SACHIN/33 (Downloaded on 11/04/2022 at 08:41:52 PM) Powered by TCPDF (www.tcpdf.org)