Ramchandra vs Lrs Of Amritlal
2021 Latest Caselaw 16679 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

...

S.B. Civil First Appeal No. 106/2021

Ramchandra S/o Banshilal Saraf, Aged About 47 Years, R/o 114, Gayatri Marg, Amal Ka Kanta, Udaipur

----Appellant Versus

1. LRs Of Amritlal, R/o 27/33, Gali No. 1, Shivaji Nagar, Kishangarh, Dist. Ajmer:-

1/1. Smt. Leela Devi W/o Late Amritlal Agrawal, aged about 58 years, R/o 27/33, Gali No. 1, Shivaji Nagar, Kishangarh, Dist. Ajmer 1/2. Satish S/o Late Amritlal Agrawal, aged 35 years, R/o 27/33, Gali No. 1, Shivaji Nagar, Kishangarh, Dist. Ajmer 1/3. Smt. Suman W/o Mukesh Goyal D/o Late Amritlal Agarwal, aged 45 years, R/o Beawar, Dist. Ajmer 1/4. Sobha W/o Raju Agrawal (Daughter-in-Law of Late Amritlal Agarwal), aged 38 years, R/o 27/33, Gali No. 1, Shivaji Nagar, Kishangarh, Dist. Ajmer 1/5. Master Honey S/o Raju Agarwal, (Grand Son of Late Amritlal Agarwal), aged 12 years, R/o 27/33, Gali No. 1, Shivaji Nagar, Kishangarh, Dist. Ajmer

2. LRs Of Madanlal S/o Ganesh Lal, R/o 32/6, Kumbha Nagar, Chittorgarh:-

2/1. Smt. Pushpa Devi W/o Madanlal Agrawal, R/o 32/6, Kumbha Nagar, Chittorgarh 2/2. Smt. Shashibala D/o Madanlal Agarwal (W/o Virendra Garg), R/o 12, New Rajendra Nagar, Udaipur 2/3. Smt. Saroj Goyal D/o Madanlal Agarwal (W/o Ajay Goyal), R/o Fancy Cloth Emporium, Near Ghantaghar, Neemach (M.P.) 2/4. Sushil Agarwal S/o Madan Lal Agarwal, R/o 32/6, Kumbha Nagar, Chittorgarh

3. Surendra Kumar S/o Ganesh Lal Agarwal, R/o Shubham Vastralaya, Near Laxminath Temple, Begun, Dis. Chittorgarh.

(2 of 3) [CFA-106/2021]

-Through Power Of Attorney Holder Chandmal S/o Ganesh Lal Agarwal, Resident Of Near Siloriyon Ki Bawri, Mukam Post Begun, Dist. Chittorgarh

4. Chandmal S/o Ganesh Lal Agarwal, R/o Siloriyon Ki Bawri, Mukam Post Begun, Dist. Chittorgarh

----Respondents

For Appellant(s) : Mr. Mahesh Thanvi For Respondent(s) : Mr. Deelip Kawadia

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

09/11/2021

Heard learned counsel appearing on behalf of the appellant

as well as learned counsel appearing on behalf of the respondents.

Learned counsel for the appellant stated that a property

having value of Rs.35 Lacs was mortgaged for a sum of Rs.1 Lac

only. As per the observations made at page No. 20 of the

impugned judgment passed by learned trial Court, it is an

admitted position that there is no receipt which shows that rent of

the disputed property was given at the rate of Rs.4,000/- per

month. It is also an admitted position that the gain of Rs.10 Lacs

has not been shown by the plaintiffs in their income-tax returns.

He further stated that no amount of rent was agreed between the

parties in the so called 'mortgage-deed'.

On the other hand, learned counsel appearing on behalf of

the respondents seriously opposed the arguments advanced by

learned counsel appearing on behalf of the appellant and stated

that the defendant may be treated as a 'tenant' till execution of

the sale-deed by the plaintiffs in favour of the defendant; and the

(3 of 3) [CFA-106/2021]

rent of the disputed property would be Rs.4,000/- per month

during the period aforesaid.

Reply to the stay petition has been filed by learned counsel

appearing on behalf of the respondents.

Having regard to the facts and circumstances of this case,

particularly looking to the fact that this is a First Regular Civil

Appeal and hearing of appeal will take long time; and the

execution of the impugned judgment and decree will adversely

effect the rights/interests of the parties to the litigation.

Admit. Issue notice. Record has been received and tagged

with the present file.

Since the respondents are represented through their counsel,

notices need not be issued.

Looking to the subject-matter of the present appeal, this

Court is of the firm view that the present appeal is required to

be decided at the admission stage itself. Therefore, let the appeal

be listed after four weeks for final disposal.

In the meantime, effect, operation and execution of the

judgment and decree dated 06.03.2021 passed by the Upper

District Judge No.3, Udaipur in Civil Original Case No.66/2014

titled as "Amrit Lal & Ors. Vs. Ramchandra" shall remain stayed.

Stay petition stands disposed of accordingly.

(DEVENDRA KACHHAWAHA),J

15-Rashi/-

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