HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Writ Misc Application No. 178/2023 Badri Narayan S/o Shri Amrit Lal, Aged About 77 Years, R/o Surjanpada, Jaisalmer.
----Petitioner Versus
1. Mohan Lal S/o Late Shri Shiv Narayan, Aged About 78 Years, Resident Of Surjanpada, Jaisalmer, At Present R/o B-34, 6Th Street, Anna Nagar, East Chennai.
2. Smt. Vimla Devi W/o Shri Bitthal Lal, Aged About 69 Years, Resident Of Surjanpada, Jaisalmer, At Present R/o B-34, 6Th Street, Anna Nagar, East Chennai.
3. Lalit Kumar S/o Shri Bitthal Lal, Aged About 49 Years, Resident Of Surjanpada, Jaisalmer, At Present R/o B-34, 6Th Street, Anna Nagar, East Chennai.
4. Smt. Brijlata W/o Late Shri Vallabh Lal (Son Of Late Shri Shiv Narayan), Resident Of Surjanpada, Jaisalmer, At Present R/o B-34, 6Th Street, Anna Nagar, East Chennai.
5. Jaydeep Kumar S/o Late Shri Vallabh Lal (Son Of Late Shri Shiv Narayan), Aged About 41 Years, Resident Of Surjanpada, Jaisalmer, At Present R/o B-34, 6Th Street, Anna Nagar, East Chennai.
6. Radheshyam S/o Late Shri Shiv Narayan, Aged About 66 Years, Resident Of Surjanpada, Jaisalmer, At Present R/o B-34, 6Th Street, Anna Nagar, East Chennai.
7. Naveen Kumar S/o Shri Bitthal Lal, Aged About 45 Years, Resident Of Surjanpada, Jaisalmer, At Present R/o B-34, 6Th Street, Anna Nagar, East Chennai.
----Respondents
For Petitioner(s) : Mr. L.D. Khatree
HON'BLE DR. JUSTICE NUPUR BHATI
Order
16/08/2023
1. The matter comes up on application for
correction/modification in the order dated 08.08.2023 passed by this Court in S.B. Civil Writ Petition No.16039/2021. On 08.08.2023, following order has been passed by this Court:-
"1. The present writ petition has been filed with following prayers:-
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(2 of 6) [WMAP-178/2023] (I) The impugned judgment dated 30.10.2021
(Annexure-8) passed by the learned Rent Appellate Tribunal, Jaisalmer in Appeal No.8/2016 and confirmation possession certificate (Annexure-9) and judgment dated 31.08.2016 (Annexure-5) passed by learned Rent Control Tribunal, Jaisalmer in Rent Application No.10/2013 and possession certificate (Annexure-6) may kindly be set aside.
(ii) The rent application filed by the respondents may kindly be dismissed with cost.
(iii) Any other relief which this Hon'ble Court deems fit and proper may be passed in favour of the petitioner.
2. By way of this writ petition, the petitioner/tenant has approached this Court for assailing the judgment dated 30.10.2021 passed by the Rent Appellate Tribunal, Jaisalmer allowing the eviction application submitted by the respondentlandlord under Section 9 of the Rajasthan Rent Control Act, 2001 and directing the petitioner's eviction from the shop in question as affirmed by the Rent Appellate Tribunal, Jaisalmer vide its judgment dated 31.08.2016.
3. Mr. L.D. Khatri, learned counsel for the petitioner candidly concedes that as two civil Courts of competent jurisdiction have recorded concurrent findings of fact against the petitioner, the scope of challenge to such judgments before this Court in exercise of its supervisory jurisdiction is very limited. He thus prays that the petitioner may be granted reasonable time to vacate the shop in question and in such an eventuality, he shall abide by the terms and conditions which may be imposed upon him by this Court during the intervening period. He prays that the petitioner may be allowed time till 01.08.2024 for vacating the suit premises.
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4. In this view of the matter and in light of the submissions advanced by the counsel for the parties, it is hereby directed that the petitioner, shall furnish an undertaking before the trial Court within a period of two weeks from today along with copy of this judgment in the following terms:-
(i) That he shall vacate the suit premises latest by 01.08.2024.
(ii) He shall continue to make payment of mesne profit as per law to the respondents landlord from October, 2021 till the date the premises are actually vacated.
(iii) He shall clear the arrears of rent, if any, accruing to the respondents for the suit premises within a period of four weeks from today.
(iv) He shall not alter, alienate or sublet the suit premises.
(v) In the event of deviation from any of the terms and conditions of the undertaking, the trial Court shall be at liberty to direct immediate eviction of the petitioner from the shop in question and restoration of possession thereof to the respondents.
5. Upon an undertaking in the above terms being furnished by the petitioner with the trial Court within a period of two weeks from today, the petitioner shall be given time upto 01.02.2024 for vacating the shop in question and no coercive action shall be taken against the petitioner and if the petitioner fails to comply with the above mentioned directions, then the respondentlandlord would be at liberty to execute the order o eviction/decree dated 31.08.2016 passed by Rent Tribunal, Jaisalmer which was subsequently affirmed by Rent Appellate Tribunal, Jaisalmer vide judgment dated 30.10.2021.
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6. The writ petition is disposed of with the above observations and directions. The stay application, if any, also stands disposed of."
2. Learned counsel for the petitioner submits that in Para No. 5 of the order, it is wrongly typed as 01.02.2024 instead of 01.08.2024 (as mentioned in earlier paragraphs) and the word shop has been used instead of residential premises.
3. For the reasons mentioned in the application, the application is allowed and the order dated 08.08.2023 be read as under:-
"1. The present writ petition has been filed with following prayers:-
(I) The impugned judgment dated 30.10.2021 (Annexure-8) passed by the learned Rent Appellate Tribunal, Jaisalmer in Appeal No.8/2016 and confirmation possession certificate (Annexure-9) and judgment dated 31.08.2016 (Annexure-5) passed by learned Rent Control Tribunal, Jaisalmer in Rent Application No.10/2013 and possession certificate (Annexure-6) may kindly be set aside.
(ii) The rent application filed by the respondents may kindly be dismissed with cost.
(iii) Any other relief which this Hon'ble Court deems fit and proper may be passed in favour of the petitioner.
2. By way of this writ petition, the petitioner/tenant has approached this Court for assailing the judgment dated 30.10.2021 passed by the Rent Appellate Tribunal, Jaisalmer allowing the eviction application submitted by the respondent-landlord under Section 9 of the Rajasthan Rent (Downloaded on 12/11/2023 at 04:23:12 AM) (5 of 6) [WMAP-178/2023] Control Act, 2001 and directing the petitioner's eviction from the house in question as affirmed by the Rent Appellate Tribunal, Jaisalmer vide its judgment dated 31.08.2016.
3. Mr. L.D. Khatri, learned counsel for the petitioner candidly concedes that as two civil Courts of competent jurisdiction have recorded concurrent findings of fact against the petitioner, the scope of challenge to such judgments before this Court in exercise of its supervisory jurisdiction is very limited. He thus prays that the petitioner may be granted reasonable time to vacate the house in question and in such an eventuality, he shall abide by the terms and conditions which may be imposed upon him by this Court during the intervening period. He prays that the petitioner may be allowed time till 01.08.2024 for vacating the suit premises.
4. In this view of the matter and in light of the submissions advanced by the counsel for the parties, it is hereby directed that the petitioner, shall furnish an undertaking before the trial Court within a period of two weeks from today along with copy of this judgment in the following terms:-
(i) That he shall vacate the suit premises latest by 01.08.2024.
(ii) He shall continue to make payment of mesne profit as per law to the respondents landlord from October, 2021 till the date the premises are actually vacated.
(iii) He shall clear the arrears of rent, if any, accruing to the (Downloaded on 12/11/2023 at 04:23:12 AM) (6 of 6) [WMAP-178/2023] respondents for the suit premises within a period of four weeks from today.
(iv) He shall not alter, alienate or sublet the suit premises.
(v) In the event of deviation from any of the terms and conditions of the undertaking, the trial Court shall be at liberty to direct immediate eviction of the petitioner from the house in question and restoration of possession thereof to the respondents.
5. Upon an undertaking in the above terms being furnished by the petitioner with the trial Court within a period of two weeks from today, the petitioner shall be given time upto 01.08.2024 for vacating the house in question and no coercive action shall be taken against the petitioner and if the petitioner fails to comply with the above mentioned directions, then the respondent-landlord would be at liberty to execute the order of eviction/decree dated 31.08.2016 passed by Rent Tribunal, Jaisalmer which was subsequently affirmed by Rent Appellate Tribunal, Jaisalmer vide judgment dated 30.10.2021.
6. The writ petition is disposed of with the above observations and directions. The stay application, if any, also stands disposed of."
4. This order be read as part and parcel of the order dated 08.08.2023 passed by this Court in S.B. Civil Writ Petition No.16039/2021.
(DR. NUPUR BHATI),J 405-amit/-
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