HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 25157/2018
Vishal Jain S/o Late Shri Babulal Jain, Aged About 39 Years,
Resident Of House No. 1, Near Office Of Military Services, Ajmer
Road,jaipur.
----Petitioner
Versus
Dr. Smt. Vijaya Silvenigam W/o Oliver Pal, Aged About 67
Years,resident Of House No. 1, Near Office Of Military Services,
Ajmer Road, Jaipur.
----Respondent
For Petitioner(s) : Mr. R.S. Tanwar, Adv.
For Respondent(s) : Ms. Ambika, Adv.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
01/12/2021
1. The instant writ petition has been filed by the petitioner against the order dated 30.07.2018 passed by the Appellate Rent Tribunal, Jaipur Metropolitan in regular Appeal No.05/2016, whereby the appeal filed by the petitioner against the judgment dated 30.09.2015 passed by the Rent Tribunal, Jaipur (Senior Civil Judge and Additional Chief Metropolitan Magistrate, Jaipur Metropolitan) was dismissed and the petitioner was directed to vacate the property in question.
2. After arguing for some time, Mr. R.S. Tanwar, learned counsel for the petitioner-tenant, on instructions from his client, submits that the petitioner-tenant shall vacate the property in question on or before 30.06.2022.
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3. Ms. Ambika, learned counsel appearing on behalf of the respondent-landlord on instructions from her client agreed to the proposal of the learned counsel for the petitioner-tenant.
4. In view of the consent of learned counsel for the parties, the writ petition is disposed of with the following directions:-
(i) The petitioner-tenant shall be entitled to continue in occupation of the shop in question till 30.06.2022 with a condition that he would hand over the vacant possession of the property in question to the respondent-landlord on or before 30.06.2022.
(ii) The petitioner-tenant shall pay arrears of agreed rent, if any, up to 30.11.2021 within a period of two months from today.
(iii) The petitioner-tenant shall pay rent to the respondent-landlord, commencing from 1st December, 2021, as per order of the Rent Tribunal on or before 10th of each month.
(iv) The petitioner-tenant shall not alienate or otherwise create third party right, or hand over possession of the property in question to any other person.
5. Further, the petitioner-tenant shall submit an undertaking incorporating the aforesaid conditions before the Rent Tribunal, Jaipur (Senior Civil Judge and Additional Chief Metropolitan Magistrate, Jaipur Metropolitan) within a period of thirty days, from the date of this order. In case petitioner-tenant fails to submit the undertaking as directed by this court within a period of thirty days from today, or breaches the conditions of this order, the respondent- landlord shall be entitled to the immediate execution of the judgment and possession certificate dated 30.09.2015 and obtain possession of the property in question forthwith in accordance with law. (Downloaded on 04/12/2021 at 09:25:24 PM)
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6. The writ petition stands disposed of.
7. All the pending applications stand disposed of.
(INDERJEET SINGH),J JYOTI /86 (Downloaded on 04/12/2021 at 09:25:24 PM) Powered by TCPDF (www.tcpdf.org)