HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15992/2022 Suresh Departmental Store (Electronics) Private Limited, 9Th 'c' Road, Sardarpura, Jodhpur, Rajasthan, Through Its Director Smt. Pushpa Israni W/o Late Shri Vasudev Israni, Aged 59 Years, B/c Sindhi Lohana, R/o 9Th C Road, Sardarpura, Jodhpur.
----Petitioner Versus
1. Lrs Of Mirchumal Israni, S/o Nihal Chand, B/c Sindhi Lohana
2. Manoj S/o Late Mirchumal Israni, B/c Sindhi Lohana, R/o 459, 9Th 'c' Road, Sardarpura, Jodhpur (Rajasthan)
3. Suresh S/o Late Mirchumal Israni, B/c Sindhi Lohana, R/o 459, 9Th 'c' Road, Sardarpura, Jodhpur (Rajasthan)
----Respondents For Petitioner(s) : Mr. Bheem Kant Vyas For Respondent(s) : Mr. R. K. Thanvi, Sr. Advocate assisted by Mr. Narendra Thanvi HON'BLE MR. JUSTICE VIJAY BISHNOI Order 05/12/2022 The petitioner has preferred this writ petition being aggrieved with the impugned judgment and decree dated 15.09.2022 passed by the Rent Appellate Tribunal, Jodhpur Metropolitan, Jodhpur in Rent Appeal No.05/2022, whereby the appeal of the petitioner has been dismissed and the judgment dated 10.12.2021 passed by the Rent Tribunal, Jodhpur Metropolitan has been affirmed.
By the judgment dated 10.12.2021, the Rent Tribunal, Jodhpur Metropolitan has allowed the original application filed by the respondents for eviction and recovery of rent against (Downloaded on 06/12/2022 at 12:02:34 AM) (2 of 4) [CW-15992/2022] the petitioner on the ground of reasonable and bonafide necessity.
Learned counsel for the petitioner, upon instructions, has submitted that the petitioner does not want to press this writ petition on merits, however, prays that reasonable time may be granted to him to handover the vacant and peaceful possession of the suit premises.
Learned counsel for the respondents submit that they have no objection if reasonable time is given to the petitioner to handover the vacant and peaceful possession of the suit premises.
Learned counsel for the petitioner has submitted that the petitioner is ready to pay the mesne profit of disputed premises at the rate of Rs.15,000/- per month from January 2023 and is also ready to continue to pay mesne profit every month by 15th day of the next succeeding month or in advance to the respondents up till the vacant possession is handed over to them.
Accordingly, with the consent of learned counsel for both the parties, the present writ petition is dismissed as not pressed on merits with the following directions :-
(i) The petitioner shall submit an undertaking to the effect that he shall handover the vacant and peaceful possession of the suit premises in dispute to the respondent on or before 30.06.2024 and shall not cause any damage to the rent property and shall maintain the same as it is. The (Downloaded on 06/12/2022 at 12:02:34 AM) (3 of 4) [CW-15992/2022] respondent shall not execute the impugned decree till 30.06.2024.
(ii) The petitioner shall pay the mesne profit of Rs.15,000/- per month from January 2023 and further continue to pay mesne profit every month by 15th day of the next succeeding months or in advance to the respondents up till the vacant possession is handed over to the respondent. The arrears of rent and mesne profit as determined by the Tribunals below, if not already paid, shall also be paid by the petitioner within a period of three months from today and entire amount including the amount already deposited on this account will be disbursed to the respondents.
(iii) The petitioner shall further undertake that he will not sublet, assign or part with the possession of the suit premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period and if he does so, the same will be treated as void.
(iv) The petitioner shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court by 31st December, 2022 and one copy thereof along with affidavit in this Court.
(v) The respondents shall give the details of their bank accounts number in which the arrears of rent or (Downloaded on 06/12/2022 at 12:02:34 AM) (4 of 4) [CW-15992/2022] mesne profit and regular mesne profit yet to be paid, will be deposited within a period of three months from today.
(vi) It is made clear, that in case, the petitioner does not comply with any of the aforesaid conditions, then it will be open for the respondent to get the decree passed in their favour executed forthwith even before the aforesaid date i.e. 30.06.2024 and the respondents may also initiate contempt proceedings in this Court against the petitioner. No costs.
A copy of this judgment be sent to the learned court below forthwith.
(VIJAY BISHNOI),J 103-Arun/-
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