Rajasthan High Court - Jodhpur
Mukesh Kumar vs Vinod Kumar Wadhwa on 17 August, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13339/2018
1. Mukesh Kumar S/o Tiluram Mukhija Arora, Aged About 64
Years, Choudhary Bhagirath Singh Vakil Wali Gali No. 15,
Purani Aabadi, Sriganganagar.
2. Suresh Kumar S/o Tiluram Arora,, Aged About 52 Years,
Choudhary Bhatgirath Singh Vakil Wali Gali No. 15, Purani
Aabadi, Sriganganagar.
----Petitioners
Versus
Vinod Kumar Wadhwa S/o Shri Munshiram, Aged About 53 Years,
By Caste Arora, House No. 31, G-Block, Sriganganagar.
----Respondent
For Petitioner(s) : Mr. Manish Shishodia
For Respondent(s) : Mr. Manoj Bhandari
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
17/08/2021
The petitioner-non-applicants have preferred this writ
petition being aggrieved by the impugned judgment and
decree dated 31.07.2018 passed by the Appellate Rent
Tribunal, Sriganganagar in Rent Appeal No.12/2015, whereby
the appeal of the petitioners has been dismissed and the
judgment dated 25.03.2015 passed by the Rent Tribunal,
Sriganganagar has been affirmed. By the judgment dated
25.03.2015, the Rent Tribunal, Sriganganagar has allowed
the original application filed by the respondent for eviction
against the petitioners.
(2 of 4) [CW-13339/2018]
Learned counsel for the petitioners upon instructions
submits that the petitioners do not want to press the writ
petition on merits, however, prays that reasonable time may
be granted to them to handover the vacant and peaceful
possession of the suit premises.
Learned counsel for the respondent agrees that the
respondent has no objection if reasonable time is given to the
petitioners to handover the vacant and peaceful possession of
the suit premises.
Learned counsel for the petitioners has submitted that
the petitioners are ready to continue to pay rent every month
by 15th day of the next succeeding month or in advance to
the respondent up till the vacant possession is handed over to
the respondent.
Accordingly, with the consent of both the learned
counsel, the present writ petition of the petitioners is
dismissed as not pressed on merits with a direction to the
petitioners to submit an undertaking to the effect that they
will handover the peaceful and vacant possession of the suit
premises to the respondent-landlord on or before 31.12.2022
with the following conditions:-
(i) The petitioners shall submit an undertaking to the
effect that they shall handover the vacant and peaceful
possession of the suit premises in dispute to the respondent-
applicant on or before 31.12.2022 and shall not cause any
damage to the rent property and shall maintain the same as
it is. The respondent shall not execute the impugned decree
till 31.12.2022.
(3 of 4) [CW-13339/2018]
(ii) The petitioners shall pay the rent as per the
judgment of Rent Tribunal and shall further continue to pay
the same every month by 15th day of the next succeeding
month or in advance to the respondent up till vacant
possession is handed over to the respondent-landlord. The
arrears of rent as determined by the Tribunals below, if not
already paid, shall also be paid by the petitioners within a
period of three months from today and entire amount
including the amount already deposited on this account will
be disbursed to the respondent.
(iii) The petitioner-defendants shall further undertake
that they will not sub-let, 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 they do so, the same will
be treated as void.
(iv) The petitioners shall furnish a written undertaking
incorporating the aforesaid conditions in the trial Court by
31st August, 2021 and one copy thereof along with affidavit in
this Court.
(v) The respondent will give the details of his bank
account number in which the arrears of rent now to be paid,
will be deposited within a period of three months from today.
(vi) It is made clear, that in case, the petitioners do not
comply with any of the aforesaid conditions, then it will be
open for the respondent to get the decree passed in his
favour executed forthwith even before the aforesaid dated i.e.
31.12.2022 and the respondent may also initiate contempt
proceedings in this Court against the petitioners.
(4 of 4) [CW-13339/2018]
No costs.
A copy of this judgment be sent to the learned court
below forthwith.
(VIJAY BISHNOI),J
201-Arun/-
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