HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 121/2021 State Of Rajasthan Through R.a.c Rajasthan, Jaipur Through Commander R.a.c. Dholpur.

----Appellant Versus

1 Ayodhya Prasad S/o Shri Shiv Prasad, R/o Village Kanpur (Through Legal Heirs Since Deceased)

1/1 Anil Kaushal S/o Late Shri Ayodhya Prasad, R/o 153, Chandra Nagar, Lalbangla, Kanpur.

1/2 Aman Kaushal S/o Late Shri Ayodhya Prasad, R/o 153, Chandra Nagar, Lalbangla, Kanpur.

1/3 Smt Pushpa Gupta D/o Late Shri Ayodhya Prasad W/o Shri Rajkumar Gupta, R/o C- 12, New Krishna Park, New Delhi- 11001.

2 Kamta Prasad S/o Shri Shivprasad, (Through Legal Heirs Since Deceased)

2/1 Krishan Kumar Kaushal S/o Late Shri Kamta Prasad, R/o Shobha Eye Vaxikondhawa, In Front Of Marutisai, Pune-

411048

2/2 Manoj Kumar Kaushal S/o Late Shri Kamta Prasad, R/o Om Kutir, Kajinazrul Islam Shaarnimadhyam, Kolkata-

00129.

2/3 Suman Gupta D/o Late Shri Kamta Prasad W/o Shri Rakesh Gupta, R/o 50, I.R.S. Society, Abhaykhana, Indrapuram, Gaziabad (U.p.)

2/4 Arun Kotwali D/o Late Shri Kamta Prasad W/o Shri Bhupendra Kotwali, R/o 001, Ground Floor, Adarsh Hills Apartment, In Front Of Dayanand Engineering College, Swami Lay-Out, Bengluru-560078

2/5 Rekha Gupta D/o late Shri Kamta Prasad W/o Brajesh Gupta, R/o 27/166, North Vijay Nagar Colony, Agra (U.p.)

3 Durga Prasad S/o Shri Shiv Prasad, (Through Legal Heirs Since Deceased)

3/1 Shakuntala Devi W/o late Shri Durga Prasad, R/o 34-C, Kolkata Street, Kolkata.

3/2 Sunil Kumar Kaushal S/o Late Shri Durga Prasad, R/o 34-

C, Waliganj, Rarkular Road, Kolkata.

3/3 Anoop Kumar Kaushal S/o Late Shri Durga Prasad, R/o

34-C, Waliganj, Rarkular Road, Kolkata.

3/4 Praveen Kumar Kaushal S/o Late Shri Durga Prasad, R/o

99/40-C, Karaya Road, Kolkata.

3/5 Anju Gupta W/o Arun Gupta D/o Late Shri Durga Prasad, R/o Swarnmani, Kolkata.

4 Dr. Rajendra Prasad S/o Shri Shiv Prasad, (Through Legal Heirs Since Deceased)

4/1 Indra Gupta W/o Late Shri Rajendra Prasad, R/o

34-C,kooltala Road, Kolkata- 700073

4/2 Paresh Kaushal S/o Late Shri Rajendra Prasad, R/o

34-C,kooltala Road, Kolkata- 700073

4/3 Vinay Kaushal S/o Late Shri Rajendra Prasad, R/o

34-C,kooltala Road, Kolkata- 700073

5 Vijendra Kumar S/o Shri Shivprasad, R/o 34-C, Kooltala Road, Kolkata-700073

6 Rakesh Kumar S/o Shri Shivprasad, R/o 34-C, Kooltala Road, Kolkata-700073

7 State Of Rajasthan Through District Judge, Dholpur (Raj.)

----Respondents For Appellant(s) : Mr. Vishnu Dutt Sharma, AAAG on behlf of Mr. Bhuwnesh Sharma, AAG For Respondent(s) :

HON'BLE MR. JUSTICE MANEESH SHARMA

Order

10/03/2026

1. The present second appeal has been filed by the defendant/appellants assailing the judgment and decree dated 08.02.2021 passed by the learned District & Session Judge, Dholpur as well as, the judgment and decree dated 10.03.2016 passed by Civil Judge & Judicial Magistrate, Rajakhera, District Dholpur, whereby the suit for possession filed by the plaintiff/respondents has been decreed.

2. Brief facts giving rise to the present appeal are that the plaintiff/respondents filed a suit for possession in respect of the suit property, while stating that the suit property was given on license by the predecessor-in-title of the plaintiff/respondents namely Lala Ram Swaroop in July, 1959, to the defendant/appellants, and thereafter, in the year 1983, an additional room was also given on license to the defendant/appellant. It was stated in the plaint that since the defendant/appellant has raised certain constructions without obtaining due permission from the plaintiff/respondents and constructed a washroom therein, therefore, the plaintiff/ respondents, being owners of the suit property, served a legal notice terminating the license of the defendant/appellant and filed the present suit seeking possession of the suit property.

3. After service, the present defendant/appellants filed a written statement wherein they have denied the averments made in the plaint and raised a defense that the defendant/appellants are not a licensee rat