Prakashmal vs Kantichand
2021 Latest Caselaw 18717 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16585/2021

Prakashmal S/o Manmal, Aged About 70 Years, R/o Siwana, Presently Residing At Manpura Colony, Jalore, Tehsil And District Jalore (Rajasthan).

----Petitioner Versus

1. Kantichand S/o Bhagchand, R/o Bhandariyon Ka Vaas, Jaalore, Tehsil And District Jalore (Rajasthan).

2. Dilip Kumar S/o Prakashmal, Aged About 45 Years, R/o Siwana, Presently Residing At Manpura Colony, Jalore, Tehsil And District Jalore (Rajasthan).

----Respondents

For Petitioner(s) : Mr. Muktesh Maheshwari For Respondent(s) : Mr. Naresh Singh for Mr. Rakesh Arora

JUSTICE DINESH MEHTA

Order

09/12/2021

1. The present writ petition has been filed against the judgment

dated 04.10.2021, whereby the learned Rent Appellate Tribunal,

Jalore, dismissed the appeal preferred by the petitioner against

the judgment dated 11.12.2014, whereby the learned Rent

Tribunal, Jalore allowed the application filed by the respondents

under Sections 6 and 9 of the Rent Control Act.

2. Learned counsel for the petitioner, instead of arguing the

petition on merit, has confined his prayer to the extent of granting

him time to vacate the suit premises.

(2 of 3) [CW-16585/2021]

3. The writ petition, thus, stands dismissed as withdrawn, while

granting time to the petitioner to vacate the suit premises by

31.12.2023, on the following conditions:-

(i) The petitioner shall personally submit an undertaking

supported by his affidavit before the Trial Court to the

effect that on or before 31.12.2023, he shall hand over

peaceful and vacant possession of the suit premises to

the respondent. He shall also undertake not to cause

any damage to the suit premises nor to make any

alteration and not to assign, sublet or in any manner

part with possession to any other person and not to put

the premises to any use other than the present use and

not to cause any nuisance.

(ii) The petitioner shall deposit entire arrears of rent, latest

by 31.01.2022. It will, however, be open for the

petitioner - tenant to satisfy the trial Court about the

due amount of rent. Needless to observe that the

landlord shall also have its right reserved to raise

contentions about the same.

(iii) The petitioner shall pay mesne profit of Rs.3,000/- per

month from 01.01.2022 on or before 7 th day of each

month in the bank account No. 682401046461, IFSC

Code ICIC0006824, ICICI Bank, till the vacant

possession of the suit property is handed over i.e. by

31.12.2023. First such payment shall be made on or

before 07.02.2022.

                                                                               (3 of 3)                [CW-16585/2021]


                                         (iv)     The undertaking with the affidavit shall be filed by the

petitioner in the Trial Court by 21.12.2021.

4. It is made clear that upon petitioner's failure to comply with

any of the conditions aforesaid or violating any terms of the

undertaking, the respondent shall be entitled to execute the

judgment passed by the Rent Tribunal forthwith, besides initiating

proceedings for contempt of court, in accordance with law.

5. No order as to costs.

6. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 101-Rahul/-

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