Harish Chnd vs Karan Shankar
2023 Latest Caselaw 5876 Raj/2

[2023:RJ-JP:28118]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Revision Petition No. 124/2007

Harish Chand S/o Shri Hari Shankar, R/o Ganesh Gali, At Present
Residing At Rajatgarh Colony, Bundi (Rajasthan)
                                                                    ----Petitioner
                                     Versus
Karanshankar S/o Shri Venishankar, R/o Lanka Gate Road,
Baijnath Pada, Bundi Rajasthan
                                                                  ----Respondent

For Petitioner(s) : Ms. Neetu Bhansali, Adv.

For Respondent(s)          :     None



     HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

                                  Judgment

DATE OF JUDGMENT                                                   11/10/2023

The present Civil Revision Petition has been filed by the

petitioner-defendant (for short 'the defendant') against the

judgment & decree dated 06.02.2002 passed by the Additional

District Judge No.2, Bundi (for short 'learned appellate court') in

Civil Appeal No.70/2000, whereby the appeal filed by the

defendant has been dismissed and the judgment & decree dated

26.09.2000 passed by Additional Civil Judge (Junior Division) and

Judicial Magistrate, First Class, No.1, Bundi (for short 'learned

trial court') in Civil Case No.89/1992, decreeing the respondent-

plaintiff's (for short 'the plaintiff) suit for recovery of Rs.7,800/-

has been affirmed.

Learned counsel for the defendant submits that learned trial

court wrongly decreed the suit filed by the plaintiff and learned

appellate court also committed error in dismissing the appeal.

[2023:RJ-JP:28118] (2 of 3) [CR-124/2007]

Learned counsel for the defendant also submits that plaintiff had

filed a suit for recovery of Rs.7,800/- and defendant paid

Rs.6,000/- in advance but court below had not adjusted the said

amount. Learned counsel for the defendant also submits that

earlier in a suit filed by the defendant, the plaintiff had filed the

counter claim but when the plaintiff failed to pay the court fees on

the counter claim, so he had to leave the counter claim. On the

same set of facts, the present suit was filed. So, revision petition

filed by the defendant be allowed. Learned counsel for the

defendant also submits that defendant had handed over the

possession of disputed premises on 22.07.1985. So, plaintiff was

not entitled to recover the rent upto 07.07.1986. So, judgment

and decree passed by the court below be set aside.

I have considered the arguments advanced by learned

counsel for the defendant and perused the impugned orders.

Learned trial court while decreeing the suit clearly mentioned

that possession of disputed premises was handed over on

07.07.1986. So, plaintiff was rightly held entitled to get the rent of

disputed premises of Rs.7,800/-. Although, the plaintiff had filed a

counter claim in the suit filed by the defendant which on account

of non payment of court fees was left by him and the trial court in

the light of various judicial pronouncement, rightly held that due

to mere leaving the counter claim, the rights cannot be

extinguished. So, in my considered opinion, learned trial court as

well as learned appellate court had not committed any error in

decreeing the suit filed by the plaintiff. So, present revision

petition being devoid of merit, is liable to be dismissed, which

stands dismissed accordingly.

[2023:RJ-JP:28118] (3 of 3) [CR-124/2007]

Pending application(s), if any, stand(s) disposed of.0

(NARENDRA SINGH DHADDHA),J Jatin /12

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