[2026:RJ-JP:7357]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 296/2024

1. Kailashchand S/o Late Shri Gyarsilal Nobatka, aged about

73 Years, R/o Mohalla Bhachadi, Kasba Kotputli, District Jaipur, Rajasthan

2. Ashok Kumar S/o Late Shri Gyarsilal Nobatka, R/o Mohalla Bhachadi, Kasba Kotputli, District Jaipur, Rajasthan

3. Pista D/o Late Shri Gyarsilal Nobatka, R/o Mohalla Bhachadi, Kasba Kotputli, District Jaipur, Rajasthan

4. Kailashi Devi W/o Madanla D/o Late Sh. Gyarsilal Nobatka, R/o Mohalla Bhachadi, Kasba Kotputli, District Jaipur, Rajasthan (Deceased)

4/1. Sanjay Mittal S/o Kailashi Devi W/o Madan Lal D/o Late Shri Gyarsilal, 4/2. Vikram S/o Kailashi Devi W/o Madan Lal D/o Late Shri Gyarsilal, 4/3. Ajay Kumar S/o Kailashi Devi W/o Madan Lal D/o Late Shri Gyarsilal, 4/4. Vijay Kumar S/o Kailashi Devi W/o Madan Lal D/o Late Shri Gyarsilal, 4/5. Babita D/o Late Kailashi Devi W/o Madan Lal D/o Late Shri Gyarsilal, All R/o Mohalla Bhachadi, Kasba Kotputli, District Jaipur, Rajasthan.

5. Satyanaraian S/o Hazarilal Sharma, R/o Mohalla Bhachadi, Kasba Kotputli, District Jaipur, Rajasthan (Deceased)

5/1. Shambhu S/o Late Satyanaraian Sharma, 5/2. Bajrang S/o Late Satyanaraian Sharma, 5/3. Santosh D/o Late Satyanaraian Sharma, 5/4. Bina D/o Late Satyanaraian Sharma, All R/o Mohalla Bhachadi, Kasba Kotputli, District Jaipur, Rajasthan ----Appellants Versus

1. Smt. Saroj Devi W/o Ramkishan Sharma, R/o Mohalla Bhachadi, Kasba Kotputli, District Jaipur, Rajasthan(Since Deceased) through her legal representatives.

1/1. Amit Sharma, S/o Late Smt. Saroj Devi.

1/2. Ashish Sharma, S/o Late Smt. Saroj Devi.

All presently resident of opposite Jai Vilas Marriage Garden, Kunj Vihar Colony, Kotputli, Rajasthan.

1/3. Meenu Sharma D/o Saroj Devi W/o Ashish Joshi, R/o Shahpura Bagh, Ajmer Road, Jaipur.

----Respondents For Appellant(s) : Mr. Harish Agrawal For Respondent(s) : Mr. Anoop Pareek Mr. Kshitiz Sharma Mr. Pranav Pareek HON'BLE MR. JUSTICE MANEESH SHARMA

Order

16/02/2026

1. The present second appeal has been filed by the appellants- defendants-tenant against the judgment and decree dated 27.03.2024 passed by the Additional District and Sessions Judge No.4, Kotputli in First Civil Appeal No.28/2020(27/2012) CIS No.27/2012 titled 'Kailashchand & Ors. Vs. Smt. Saroj Devi', whereby the appeal preferred by the appellants was dismissed and the judgment and decree dated 12.10.2012 passed by the Additional Civil Judge and Judicial Magistrate, Kotputli in Civil Original Suit No.220/89 titled 'Smt. Saroj Devi Vs. Kailashchand &

Ors.' was confirmed.

2. Brief facts of the case giving rise to the present appeal are that on 28.05.1987, the original plaintiff, namely, legal representatives of Late Lala Surajbhan Gupta filed a suit for rent and eviction against the legal representatives of Late Gyarsi Lal (original tenant).

3. In the eviction suit it was stated that the suit property was let out to Late Gyarsi Lal on 01.01.1983 for a period of 11 months on a rent of Rs.125/- per month. It was also stated therein that Late Gyarsi Lal (tenant) had paid rent up to 01.01.1985 and thereafter, committed default in payment of rent as the legal representatives of Late Gyarsi Lal (tenant) had failed to pay or tender rent for a period of more than six months. It was further stated that the suit premises had deteriorated and needed repairs, thus, eviction of the tenant was necessary.

4. During the pendency of the said suit, the suit property was alienated by the legal representatives of Late Lala Surajbhan Gupta to Smt. Saroj Devi vide registered sale deed dated 26.06.1998. Therefore, Smt. Saroj Devi was impleaded as a party under the provisions of Order 22 Rule 10 of CPC, and thereafter the suit was pursued by Smt. Saroj Devi against the legal representatives of Late Gyarsi Lal.

5. Subsequently, the defendants/appellants filed their written statement on 02.06.1990, wherein they refuted the averments made in the plaint and stated that the suit prop