Mahesh Kumar S/O Sh. Mohan Singh vs Bhudarmal S/O Jhabarmal
2022 Latest Caselaw 7459 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil Second Appeal No. 341/2022

Mahesh Kumar S/o Sh. Mohan Singh
                                                                     ----Appellant
                                     Versus
Bhudarmal S/o Jhabarmal (Deceased during trial)
                                                                  ----Respondents

For Appellant(s)            :    Mr. David Mehla
For Respondent(s)           :



            HON'BLE MR. JUSTICE SUDESH BANSAL

                                      Order

24/11/2022

The instant second appeal has been filed by appellant-

defendant assailing the judgment and decree dated 07.11.2022

passed in Civil Regular appeal No. (12/2022) 02/2022 by the

Court of Additional District Judge No.2, Jhunjhunu, affirming the

judgment and decree dated 26.05.2022 passed in Civil Suit

No.56/2011 by the Court of Senior Civil Judge, Nawalgarh, District

Jhunjhunu, whereby and whereunder the suit for eviction filed by

respondent-plaintiff in respect of shop in question has been

decreed and defendant has been directed to vacate and hand over

the possession of rented shop as also to pay charges of use and

occupation @ Rs.600/- per month.

Heard.

Issue notice to respondents.

Requisition of notice be given "dasti" to counsel for appellant,

if so desires.

(2 of 2) [CSA-341/2022]

In the meanwhile, in case appellant deposits entire amount

of mesne profits for use and occupation as determined by the trial

court vide judgment and decree dated 26.05.2022 up to

November 2022 within a period of four weeks before the trial

court as also continuously makes payment of mesne profits for

future, month to moth basis, his dispossession shall remain

stayed.

Since appellant has suffered the decree for eviction by two

courts below on the ground of termination of tenancy by issuing a

legal notice under Section 106 of the Transfer of Property Act,

counsel for appellant also prays for time to seek instruction from

the appellant to vacate and hand over the vacant possession of

rented premises to respondents.

(SUDESH BANSAL),J

SACHIN/5

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