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[2025:RJ-JP:37102] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 458/2006 Shankar Lal (since deceased) through her legal representative- Banwari Lal s/o late Shri Shankar Lal R/o 1082, Gopalji Ka Rasta, Gangamata Ki Gali, Bhagirath Kanti Bhawan, Jaipur. ----Appellant Versus Tribhuvan Das S/o Shri Triloki Das Ji Khandelwal, R/o Chandra Bhawan, C-Scheme, Jaipur. ----Plaintiff For Appellant(s) : Mr. M.C. Jain & Mr. Prayaag Jain For Respondent(s) : Mr. Rohan Agarwal & Mr. Lokesh Tiwari for Mr. Rajat Ranjan HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 11/09/2025
1. This civil first appeal has been filed by the applicant- tenant with a challenge to the judgment dated 27.05.2006 passed by the Court of learned Additional District & Sessions Judge No.7, Jaipur Metropolitan, Jaipur (hereinafter is to be referred to as ‘the learned Court below’) in Civil Suit No.301/2002, whereby the aforesaid suit was decreed in favour of the plaintiff- respondent/landlord for eviction and arrears of rent.
2. After arguing at some length, learned counsel for the applicant-tenant on instruction from the applicant-tenant has orally prayed that the applicant-tenant is ready to vacate the suit
[2025:RJ-JP:37102] (2 of 3) [CFA-458/2006] premises within a period of three years that is by 11.09.2028, therefore, the present first appeal may kindly be disposed of.
3.
Learned counsel appearing for the plaintiff/respondent is agreed with the oral prayer made by learned counsel for the applicant-tenant for vacating the suit premises by 11.09.2028.
4. In view of the consent given by learned counsels appearing for the respective parties and the oral prayer made
learned counsel for the applicant-tenant, the present civil first appeal is disposed of with the following directions:- (i) The applicant-tenant shall be entitled to continue in occupation of the disputed premises till 11.09.2028 with a condition that he would hand over the vacant possession of the suit premises to the respondent-landlord on or before 11.09.2028. (ii) The applicant-tenant shall pay arrears of rent, if any, up to 01.09.2025 within a period of two months from today. (iii) The applicant-tenant shall pay rent to the respondent-landlord, as per the order of the learned Trial Court paying in present, on or before 10th of each month. (iv) The applicant-tenant shall not alienate or otherwise create third party right, or hand over the possession of the suit premises to any other person. (v) In case the applicant-tenant does not comply with this order, same shall be treated to be contempt of Court order.
5. Accordingly, the present civil first appeal stands
disposed of as above and decree be issued accordingly.
[2025:RJ-JP:37102] (3 of 3) [CFA-458/2006]
6. The stay application and pending application(s), if any, also stand disposed of.
7. Pending application (s), if any, also stands disposed of.
(GANESH RAM MEENA),J ARTI SHARMA/39