Decided on March 02,1982

Rajutana Hotels (P) Ltd. Appellant
Apsara Hotels (P) Ltd. And Others Respondents


- (1.) Apsara Hotels (P) Ltd and two others filed a suit in the Court of the Addl. District & Sessions Judge No. 2, Jaipur City. In this suit an application under Order 39 Rule 1 with a notice of motion was taken out restraining respondents Nos. 1 to 6, namely, M/s. Rajputana Hotels (P) Ltd. (appellant herein) and five others from raising any construction on the land involved in the suit or from alienating any portion of it or from demolishing any existing structures standing thereon. There was a prayer for ad-interim ex-parte injunction. Ultimately the Learned Judge by his order dated April 16, 1980 rejected the application and vacated the ex-parte ad-interim injunction issued by him on December 19, 1979.
(2.) Plaintiffs carried the matter in appeal to the High Court of Judicature for Rajasthan at Jaipur. The High Court by its judgment and order dated 25.8.1980 set aside the order of the Learned District Judge and granted an injunction in the following terms: "The respondents are directed to maintain status quo and are restrained from raising any further constructions on the land in dispute. They are also restrained from creating any charge over the land in dispute and from raising any loans on the security of the land in dispute. This order will be subject to the appellants (plaintiffs) paying the amount at Rs. 3,000/- per mensem with effect from 12.12.1970 upto August, 1976 minus Rs. 18,200/- already paid within a period of one month to the respondent No. 2 (respondent No. 4 here) for being paid to landlord in chief or to be adjusted, if he has already made payment to him." Against the herein extracted order, a petition to obtain special leave under article 136 was moved by the original plaintiffs before this Court. Caveat was filed. Both sides were heard at the admission stage.
(3.) On being prima facie satisfied in respect of the contentions advanced before the court, this Court granted special leave to appeal and made the order as under: "The appeal above mentioned being called on for hearing before this Court on the 20th day of January, 1981 UPON counsel for the appearing parties filed an undertaking and UPON perusing the said undertaking and UPON hearing counsel for the appearing parties herein THIS COURT DOTH take on record the undertaking above mentioned duly signed by the parties herein and doth by and with the consent of the parties herein DISPOSE OF the appeal above mentioned in terms of the said undertaking annexed hereto as Schedule 'A'. This Court Doth Further Order that as regards item No. 1 of the consent terms the Appellant herein shall within six months from the date of the final disposal of the said suit remove the structures or buildings that may be erected on the land during the pendency of the suit No. 366 of 1979 pending in the Court of the District Judge, Jaipur City, Jaipur." The undertaking pursuant to which the order was made reads as under: "I, Himanshu Sharma, son of Shri S.P. Sharma, The Director of Rajputana Hotels (P) Ltd., petitioner herein do hereby solemnly affirm and undertake as follows: (1) In the event of the suit being finally decreed against the petitioner (defendants), the petitioner undertakes to remove the structures and/or buildings, that may be erected on the land during the pendency of the suit within such time and in such manner as the Hon'ble Court may direct. (2) The petitioner further undertakes not to raise any contention or base any defence on the ground of any equity arising in the petitioner favour on account of the constructions by the petitioners or any structure and/or building during the pendency of the suit and the same will not be a consideration against the plaintiff in the suit. (3) That the petitioners further undertake, that in event of the suit being finally decreed against the petitioner and before the removal of the structures and/or building as mentioned in clause No. 1, the petitioner will repay and/or discharge and/or satisfy any loans that may have been obtained by it on the security of the land, structure and/or building. (4) That the petitioner will furnish a Bank guarantee in favour of Respondent No. 1 for a sum of Rs. 1,20,000/- on account for the claim in suit as may be ultimately decreed. (5) The Respondent Apsara Hotels (P) Ltd., undertakes to pay the lease rent in pursuant to the High Court judgment dated 25.8.1980. In the light of this undertaking the High Court judgment and order be set aside. New Delhi this the 20th day of January, 1981.";

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