Choru Lal vs Lrs Of Chandra Kant Sharma ...

Rajasthan High Court - Jodhpur

Choru Lal vs Lrs Of Chandra Kant Sharma ... on 29 May, 2024

Author: Nupur Bhati

Bench: Nupur Bhati

[2024:RJ-JD:24516]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Civil Writ Petition No. 8385/2024

Choru Lal S/o Govind Ram, Aged About 70 Years, R/o Hanuman
Hatha, Bikaner, Rajasthan.
                                                                        ----Petitioner
                                         Versus
1.       Lrs    Of    Chandra       Kant      Sharma,         S/o    Shyam    Sunder
         (deceased) Through -
1/1.     Smt.        Vijaylakshmi        D/o      Late       Chandra     Kant,    R/o
         Banshiwala Bhawan, Dhobhi Dhora, Nearby Sursagar,
         Bikaner.
2.       Umesh        Kumar        S/o      Shyam         Sunder      Sharma,     R/o
         Banshiwala Bhawan, Dhobhi Dhora, Nearby Sursagar,
         Bikaner.
                                                                     ----Respondents


For Petitioner(s)             :     Mr. Rajdeep Singh Chouhan



                HON'BLE DR. JUSTICE NUPUR BHATI

Order 29/05/2024

1. The present writ petition has been filed with following prayers:-

I. Impugned judgment dated 24.08.2022 (Annex.4) passed by the learned Rent Tribunal, Bikaner in Case No.33/2015(40/2014) and order dated 18.04.2024 (Annex. 6) passed by the learned Appellate Rent Tribunal, Bikaner in Rent Appeal No. 32/2022 may kindly be quashed and set aside.

II. Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioners.

III. Costs of the writ petition may kindly be awarded to the petitioners.

[2024:RJ-JD:24516] (2 of 3) [CW-8385/2024]

2. By way of this writ petition, the petitioner/tenant has approached this Court for assailing the judgment dated 24.08.2022 (Annexure-4) passed by the Rent Tribunal, Bikaner 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 residential house in question as affirmed by the Rent Appellate Tribunal, Bikaner vide its judgment dated 18.04.2024.

3. Mr. Rajdeep Singh Chouhan, 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 residential 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 31.05.2025 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 31.05.2025.

[2024:RJ-JD:24516] (3 of 3) [CW-8385/2024]

(ii) He shall continue to make payment of mesne profit as per law to the respondents landlord from April, 2024 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 residential 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 31.05.2025 for vacating the residential 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 respondentlandlord would be at liberty to execute the order of eviction/decree dated 24.08.2022 passed by Rent Tribunal, Bikaner which was subsequently affirmed by Rent Appellate Tribunal, Bikaner vide judgment dated 18.04.2024.

6. The writ petition is disposed of with the above observations and directions. The stay application, if any, also stands disposed of.

(DR. NUPUR BHATI),J 86-amit/-

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