Smt Femida Begum And Ors vs Sayad Karamat Hussain
2022 Latest Caselaw 4672 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil First Appeal No. 286/2000

Smt Femida Begum And Ors
                                                                 ----Appellants
                                   Versus
Sayad Karamat Hussain S/o Sayad Amanat Hussain
                                                                ----Respondent

For Appellant(s) : Mr. Rajesh Kapoor For Respondent(s) : Mr. Fahad Hasan

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

08/07/2022 In the present appeal, the eviction suit in relation to rented

property (shop) was led in the year 1991 which has been decreed

on the ground of bonafide necessity vide judgment and decree

dated 26.08.2000. The first appeal is pending for hearing since

2000.

It is not in dispute that during pendency of appeal, this Court

vide order dated 31.08.2021, determined mesne profit of rented

shop at the rate of Rs.10,000/- per month with consent of both

parties and it is not in dispute that appellant-tenant is making

payment of mesne profit regularly. However, respondent-landlord

submits that his right for hearing of first appeal does not stand

waived.

The Supreme Court in case of Hameed Kunju Vs. Nazim

[(2017) 8 SCC 611] has already directed that eviction matters

involving the ground of bonafide necessity should be heard on

priorities.

(2 of 2) [CFA-286/2000]

Since first appeal is pending since year 2000, considering the

age of litigation as well as old age of respondent-plaintiff, this

Court deems it just and proper to allow the application for early

hearing of appeal moved by respondent-landlord.

List this appeal on 04.08.2022.

(SUDESH BANSAL),J

NITIN/52

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