HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13516/2021
M/s Gajendra Khandelwal And Company, Through Partner Shri
Ganjendra Khandelwal, Aged Abput 50 Years, Plot No. 2, Nath
House Mission Coumpund, Ajmer Road, Jaipur (Raj.)
----Petitioner
Versus
Ashok Atrey S/o Shri Raghunath Prasad Atrey, R/o J-4, Subhash
Marg, C-Scheme, Jaipur (Raj.)
----Respondent
For Petitioner(s) : Mr. Ramesh Kumawat.
For Respondent(s) : Mr. O.P. Mishra.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
01/12/2021
1. Instant writ petition has been filed by the petitioner-tenant against the judgment dated 15.09.2021 passed by the Appellate Rent Tribunal, Jaipur Metropolitan First in Appeal No.66/2019, whereby the appeal filed by the petitioner-tenant against the judgment & decree of eviction dated 02.03.2019 passed by the Rent Tribunal, Jaipur (Senior Civil Judge & Additional Chief Metropolitan Magistrate, Jaipur Metropolitan) was dismissed and the petitioner- tenant was directed to vacate the disputed premises.
2. After arguing for some time, Mr. Ramesh Kumawat, learned counsel for the petitioner-tenant, on instructions from his client, submits that the petitioner-tenant shall vacate the disputed premises on or before 31.05.2023.
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3. Mr. O.P. Mishra, learned counsel appearing on behalf of the respondent-landlord on instructions from his 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 disputed premises till 31.05.2023 with a condition that he would hand over the vacant possession of the disputed premises to the respondent-landlord on or before 31.05.2023.
(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 disputed premises to any other person.
(v) Further, the petitioner-tenant shall submit an undertaking incorporating the aforesaid conditions before the Rent Tribunal, 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 02.03.2019 and obtain possession of the disputed premises forthwith in accordance with law.
(INDERJEET SINGH),J MG/140 (Downloaded on 04/12/2021 at 09:27:21 PM) Powered by TCPDF (www.tcpdf.org)