Krishan Murarilal And Ors vs Madan Lal
2022 Latest Caselaw 2823 Raj/2

      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

(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

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