LAWS(RAJ)-2022-8-135

AMBRESH SHARMA Vs. SARAD CHAND FADKE

Decided On August 23, 2022
Ambresh Sharma Appellant
V/S
Sarad Chand Fadke Respondents

JUDGEMENT

(1.) Appellant-defendant has preferred this second appeal under Sec. 100 of Code of Civil Procedure against the judgment and decree dtd. 16/3/2022 passed in Civil First Appeal No. 2/2021 (12/2021) by the Court of Additional District Judge No. 2, Jaipur District, Jaipur, affirming the judgment and decree dtd. 6/8/2021 passed in Civil Suit No. 148/2019 (06/18) by the Court of Additional Senior Civil Judge No. 2, Jaipur District, Jaipur, whereby and whereunder the suit for possession, mesne profits and permanent injunction filed by respondent-plaintiff before the civil court has been decreed and the appellant-defendant has been directed to vacate and hand over the vacant possession of the suit premises as also to pay the arrears of mesne profits @ Rs.8,000.00 per month until delivery of possession, which has been reduced by the first appellate court to Rs.4250.00 per month.

(2.) Heard learned counsel for both parties and perused the impugned judgments and record.

(3.) Admittedly, the suit property is a residential houses comprising one hall, bedroom, kitchen, store and WC etc. situated in first floor of house No. 123, Brahampuri, Jaipur.