Citation : 2022 Latest Caselaw 3082 Raj/2
Judgement Date : 12 April, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No. 162/2021
Prabhati Lal S/o Shri Natthu Ram,
----Appellant
Versus
Abhishek Sharma S/o Shri Suresh Chand Sharma,
----Respondent
For Appellant(s) : Mr. J.P. Goyal, Sr. Advocate assisted by Mr. Nikhil Yadav For Respondent(s) : Mr. Mithun Chaturvedi
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
12/04/2022
The eviction suit filed invoking the provision of Section 106
of Transfer of Property Act was dismissed by trial court vide
judgment dated 26.05.2017, however, the findings have been
reversed and decree for eviction has been passed in first appeal
vide judgment dated 03.09.2021.
Record of both courts below be summoned in order to
examine the substantial question of law suggested by counsel for
appellant.
In the meanwhile, the execution of decree for eviction shall
remain stayed subject to payment of due arrears of rent and to
payment of regular rent as mesne profit.
It is open for respondent to move any application for
enhancement/fixation of mesne profit.
(SUDESH BANSAL),J
SAURABH/10
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