Rajasthan High Court
Mahant Prakash Das Swami Chela ... vs Health And Education Care Society on 13 October, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil First Appeal No.617/2022
Mahant Prakash Das Swami Chela Late Shri Mahant Bhagwan
Das Dadupanthi,
----Appellant
Versus
Health And Education Care Society
----Respondent
with
S.B. Civil First Appeal No.618/2022
Mahant Prakash Das Swami Chela Late Shri Mahant Bhagwan
Das Dadupanthi, & Ors.
----Appellants
Versus
Brijmohan Sharma Son Of Jagan Prasad Swami, & Ors.
----Respondents
For Appellant(s) : Mr. Nitin Jain
For Respondent(s) : Mr. Mohit Gupta
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
13/10/2022
1. In both appeals parties are common therefore, with consent
of counsel for both parties, both appeals have been heard
together.
2. It appears that in respect of agricultural land of appellants, a
registered lease deed for 99 years have been executed in favour
of respondents and thereafter, supplementary lease deeds were
also executed on 10.10.2007 and 14.08.2012. Respondents raised
some construction on lands without conversion of the nature of
land, therefore, Tehsildar issued notice dated 07.10.2009 (Ex.A1)
and 18.11.2009 (Ex.A2) to both parties for removal of
(2 of 3) [CFA-617/2022]
construction being unauthorized. Later on, the construction of
respondents came to be demolished.
3. Thereafter, appellants instituted a civil suit bearing
No.34/55/2014 for eviction of rented premises, cancellation of
lease deed, possession, recovery of arrears of rent and non-
performance of supplementary deed/contract which has been
dismissed vide judgment dated 03.09.2022 by the Court of
Additional District Judge, Rajgarh, Alwar and thereagainst SBCFA
No.617/2022 has been filed.
4. Respondents-tenants instituted a Civil Suit No.34/03/2014
claiming damages of Rs.3,50,000/- from appellants alleging that
appellants have demolished the construction and caused damages.
This suit for damages has been decreed for an amount of
Rs.3,10,000/- vide judgment dated 03.09.2022 by the Court of
Additional District Judge, Rajgarh, Alwar and thereagainst
defendant has preferred SBCFA No.618/2022.
5. Heard.
6. Both appeals are admitted.
7. Since counsel for respondents have already put in
appearance as caveator, no need to issue notices. Service stands
complete.
8. Record of court below be summoned.
9. Heard on stay application No.2445/2022 in SBCFA
No.618/2022.
10. Having considered the factual dispute between parties that
according to appellants, the construction was raised by
respondents on unconverted land and pursuant to notices of
Tehsildar, they themselves demolish their construction, whereas
respondents submit that the construction was demolished at the
(3 of 3) [CFA-617/2022]
behest of appellants, this Court deems it just and proper to stay
the execution of decree dated 03.09.2022 passed in Civil Suit
No.34/03/2014 in respect of recovery of damages to the tune of
Rs.3,10,000/- subject to furnishing a written undertaking by
appellants before this Court within a period of four weeks with an
advance copy to counsel for respondents that in case their appeal
fails, they would pay the amount of damages along with interest
@6% per annum from the date of decree.
11. Accordingly, the stay application stands disposed of.
(SUDESH BANSAL),J
SAURABH/28,25
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