Lrs Of Ashok Kumar vs Chandrabhaga @ Santo Devi
2021 Latest Caselaw 19494 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 139/2021

1. Lrs Of Ashok Kumar, Sadar Bazar, Mount Abu 1/1. Sampat W/o Ashok Kumar, Sadar Bazar, Mount Abu, District Sirohi 1/2. Himanshu S/o Ashok Kumar, Sadar Bazar, Mount Abu, District Sirohi

----Appellants Versus

1. Chandrabhaga @ Santo Devi W/o Kailash Chandra, Sadar Bazar, Mount Abu, District Sirohi

2. Lrs Of Kailash Chandra S/o Janki Lal, Sadar Bazar, Mount Abu, District Sirohi 2/1. Priya Agarwal D/o Kailash Chandra, Sadar Bazar, Mount Abu, District Sirohi 2/2. Sanjana Agarwal D/o Kailash Chandra, Sadar Bazar, Mount Abu, District Sirohi 2/3. Chandrabhaga @ Santo Devi W/o Kailash Chandra, Sadar Bazar, Mount Abu, District Sirohi

3. Mohit S/o Ashok Kumar, Sadar Bazar, Mount Abu, District Sirohi

----Respondents

For Appellant(s) : Mr. Narendra Thanvi Mr. Mahendra Thanvi For Respondent(s) : Mr. Shreyansh Mardia

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

20/12/2021

This second appeal is filed by defendants, assailing the

decree for eviction passed in Civil First Appeal No.27/2018 vide

judgment dated 12.11.2021 by the Court of learned Additional

District Judge, First, Abu Road, against the appellants. The civil

(2 of 3) [CSA-139/2021]

suit for rent and eviction was dismissed by the trial Court vide

judgment dated 23.07.2018 in Civil Original Suit No.41/2004.

The counsel for appellants submits that the relationship of

landlord and tenant is not established and therefore, first

appellate court committed perversity in setting aside the judgment

and decree of trial Court and passing a decree for eviction

impugned.

From the side of respondent-plaintiffs caveator has been

entered into. Counsel for respondent seeks time to make his

submissions.

Issue notice to the respondents. Since the respondents have

put in appearance, no need to issue notices.

Call for the record of both the Courts below.

In the meantime and until the appeal is heard for admission,

the execution of impugned decree for eviction dated 12.11.2021

passed by Additional District Judge, First, Abu Road in Civil Appeal

Decree No.27/2018 shall remain stayed subject to payment of

entire arrears of rent till December, 2021 within a period of six

weeks as directed by first appellate court.

Further at this ad interim stage, respondents submits that

for intervening period at least the adequate amount of mesne

profit be allowed.

Since the suit property is a shop in Sadar Bazar, Abu Parbat,

of which rent is alleged to be of Rs.175/- in year 1989. Now,

looking to its location, nature and passage of time, as an ad

interim measure, the appellants are directed to pay mesne profit

at the rate of Rs.5,000/- per month w.e.f January, 2022 onward

till hearing of the appeal for admission.

(3 of 3) [CSA-139/2021]

In case, the respondents discloses Bank account number,

arrears of rent and mesne profit shall be deposited in the Bank

account.

This ad interim order will not affect rights of either of the

parties for hearing of appeal at admission stage.

At the joint request of learned counsel for the parties, list the

matter on 21.02.2022.

(SUDESH BANSAL),J

130-AnilKC/-

Powered by TCPDF (www.tcpdf.org)