Vali Mohd vs Uma Bhandari
2021 Latest Caselaw 18725 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6812/2021

Vali Mohd. S/o Shri Mir Baksh Khan, Aged About 75 Years, By Caste Muslim, Resident Of Street No. 6, Dhobi Talai Bikaner, Rajasthan.

----Petitioner Versus Uma Bhandari W/o Late Shri Prem Kumar Bhandari, Resident Of E86 Jai Narayan Vyas Colony, Bikaner (Raj.).

----Respondent

For Petitioner(s) : Mr. Mahaveer Singh For Respondent(s) : Mr. Pritam Solanki

JUSTICE DINESH MEHTA

Order

09/12/2021

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

dated 01.08.2015, passed by the learned Rent Tribunal, Bikaner,

whereby the application filed by the respondent under Section 9 of

the Rent Control Act has been allowed and the appeal preferred

thereagainst by the petitioner has been dismissed by the Rent

Appellate Tribunal, Bikaner, vide judgment dated 03.03.2021.

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

petitioner on merit, has confined his prayer to the extent of

granting time to vacate the suit premises.

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 The writ petition, thus, stands dismissed as withdrawn, while

granting time to the petitioner to vacate the suit premises by

31.12.2022, on the following conditions:-

                                                                               (2 of 2)               [CW-6812/2021]


                                        (i)     The petitioner shall personally submit an undertaking

supported by his affidavit before the trial Court to the effect that on or before 31.12.2022, he shall hand over peaceful and vacant possession of the suit premises to the respondent. He shall also undertake neither to cause any damage to the suit premises, nor to make any alteration and not to assign, subject 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.2,000/- per month from today on or before 7th day of each month in the bank account of the respondent Uma Bhandari being SB A/c No.51008911926, IFSC Code- SBIN0031794, J.N.V. Colony Branch, Bikaner, till the vacant possession of the suit property is handed over i.e. by 31.12.2022. First such payment shall be made on or before 07.01.2022.

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 8-skm/-

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