Kisturilal vs Dhanpatrai
2021 Latest Caselaw 12314 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9849/2021

Neeraj S/o Kisturilal, Aged About 45 Years, R/o Sivam Medical Store, Near Railway Station, Suratgarh, District Sriganganagar.

----Petitioner Versus Dhanpatrai S/o Sh. Gangadhar, R/o Ward No. 6 New 21, Suratgarh, District Sriganganagar.

----Respondent CONNECTED WITH

S.B. Civil Writ Petition No. 9909/2021

Kisturilal S/o Sh. Deshraj, Aged About 68 Years, R/o Shivam Mobile, Near Railway Station, Suratgarh, District Sriganganagar.

----Petitioner Versus Dhanpatrai S/o Sh. Gangadhar, R/o Ward No. 6 New 21, Suratgarh, District Sriganganagar.

                                                               ----Respondent


For Petitioners         :     Mr. Aakash Kukkar
For Respondent          :     Mr. Ashwini Kumar Babel



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                               Judgment

06/08/2021

These writ petitions have been filed by the petitioners being

aggrieved with the order dated 13.07.2021 passed by the Rent

Appellate Tribunal, Sri Ganganagar (hereinafter to be referred as

'the Appellate Authority') in Rent Appeal Nos. 14/2019 and

17/2019 whereby, the appellate authority has affirmed the

judgment and certificate of possession granted by the Rent

(2 of 3) [CW-9849/2021]

Tribunal, Suratgarh, District Sri Ganganagar (hereinafter to be

referred as 'the 'trial court') vide order dated 05.09.2019 whereby

the trial court had allowed the applications preferred on behalf of

the respondent- Dhanptat Rai under Section 9 read with Section 6

of the Rajasthan Rent Control Act, 2001 on the ground of bonafide

necessity and had directed the petitioners to vacate the two shops

rented out to them by Dhanpat Rai.

It is informed by learned counsel for the parties that before

filing of the present writ petitions, execution proceedings were

initiated by the respondent- Dhanpat Rai before the trial court and

in those execution proceedings, the trial court vide order dated

19.07.2021 had issued warrant and pursuant to that, the

possession of the shops in question was handed over to the

respondent- Dhanpat Rai on 20.07.2021. From the 'supardginama'

prepared, it is noticed that the items/furniture belonging to the

petitioners were attached as the petitioners have failed to pay the

arrears of rent.

After attempting to argue the matter for quite some time,

learned counsel for the petitioners has submitted that he does not

want to challenge the validity of the impugned orders passed by

the trial court as well as the appellate authority on merits,

however, prayed that the items/furniture attached under the

directions of the trial court may kindly be ordered to be released

in favour of the petitioners.

At this stage, learned counsel Mr. Ashwini Kumar Babel

appearing on behalf of the respondent- Dhantpat Rai, on

instructions, has submitted that the respondent is ready to waive

the due rent arrears as well as the mense profit and has no

(3 of 3) [CW-9849/2021]

objection if the items/furniture attached under the orders of the

trial court are ordered to be released in favour of the petitioners.

In view of the above, these writ petitions are dismissed as

withdrawn, however, the items/furniture belonging to the

petitioners attached on 20.07.2021 under the orders of the trial

court dated 19.07.2021 shall be released forthwith.

It is made clear that all the outstanding dues between the

parties shall be treated as clear.

Stay applications are also dismissed.

(VIJAY BISHNOI),J

49-54-akash/-

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