Rajasthan High Court - Jodhpur
Chief Manager, Jalore Sahkari ... vs Babulal on 8 April, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 56/2021
Chief Manager, Jalore Sahkari Upbhokta Wholesale Bhandar
Limited, Inside Tilak Dwar, Jalore (Raj.).
----Petitioner
Versus
1. Babulal S/o Sukanraj, R/o Khanpura Mohalla, Jalore.
2. Lrs Of Raichand, S/o Shri Hariram
2/1 Ummedraj S/o Raichandn, Resident Of Pura Mohalla,
Jalore Tehsil And District Jalore (Raj.).
2/2 Jasraj S/o Raichand, Resident Of Pura Mohalla, Jalore
Tehsil And District Jalore (Raj.).
2/3 Nandkishore S/o Raichand, Resident Of Pura Mohalla,
Jalore Tehsil And District Jalore (Raj.).
2/4 Nirmala D/o Raichand, Resident Of Pura Mohalla, Jalore
Tehsil And District Jalore (Raj.).
----Respondents
For Petitioner(s) : Mr. Rajesh Parihar
For Respondent(s) : Dr. A.A. Bhansali
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
08/04/2021
1. In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
2. The matter comes up on an application (No.01/21) seeking
reasonable time to vacate the premises in question.
Mr. Rajesh Parihar, learned counsel for the petitioner-tenant
submits that the petitioner-tenant shall vacate the premises in
question on or before 01.04.2022.
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(2 of 3) [CW-56/2021]
3. Dr. A.A. Bhansali , learned counsel appearing on behalf of the
respondents-landlords, on instructions from his clients 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
application is allowed and the writ petition is disposed of with the
following directions:-
(i) The petitioner-tenant shall be entitled to continue in occupation
of the premises in question till 31.03.2022 with a condition that it
would hand over the vacant possession of the premises in
question to the respondents-landlords on or before 01.04.2022.
(ii) The petitioner-tenant shall pay arrears of agreed rent if any,
due upto 31.03.2021 within a period of one month from today.
(iii) The petitioner-tenant commencing from 1st April, 2021 shall
pay to the respondents-landlords mesne profits @ Rs.7,200/- per
month 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 premises in
question to any other person.
5. Further, the petitioner-tenant shall submit an undertaking
incorporating the aforesaid conditions before the Rent Tribunal,
Jalore within a period of thirty days from today. 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 respondents-landlords shall be entitled
to the immediate execution of the judgment and possession
certificate dated 10.05.2016 and obtain possession of the
premises in question forthwith in accordance with law. It is made
clear that breach of this order shall also make the petitioner liable
to be punished for contempt of the court.
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(3 of 3) [CW-56/2021]
6. The stay application as well as all pending applications also
stand disposed of accordingly.
(DR. PUSHPENDRA SINGH BHATI),J.
226-SKant/-
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