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2022 Supreme(Raj) 358

SUDESH BANSAL
Ambresh Sharma S/o Laddaram – Appellant
Versus
Sarad Chand Fadke S/o Late Shri Krishanrai Fadke – Respondent


Advocates Appeared:
For the Appellants :Mr. M M Ranjan, Sr. Advocate assisted by Mr. Rohan Agarwal
For the Respondents: Mr. O P Mishra with Mr. Ajay Verma

JUDGMENT :

1. Appellant-defendant has preferred this second appeal under Section 100 of Code of Civil Procedure against the judgment and decree dated 16.03.2022 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 dated 06.08.2021 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/-per month until delivery of possession, which has been reduced by the first appellate court to Rs.4250/- per month.

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

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

4. It is not in dispute between the parties th

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