Rajasthan High Court - Jodhpur
Omprakash vs Manohar Lal on 16 December, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17250/2021
Omprakash S/o Ambalal Soni, Aged About 51 Years, House No.
7, Singhatvadiyon Ki Sehari, Udaipur, Rajasthan Ground Floor
Shop.
----Petitioner
Versus
Manohar Lal S/o Sh. Phulchand Pokhrna, 7 Singhatvadiyon Ki
Sehari, Udaipur, Rajasthan.
----Respondent
For Petitioner(s) : Mr. Muktesh Maheshwari
Mr. Om Prakash Soni (in person)
For Respondent(s) : Mr. Deelip Kawadia
JUSTICE DINESH MEHTA
Order
16/12/2021
1. The present writ petition has been filed against the judgment
dated 23.05.2018, passed by the learned Rent Tribunal, Udaipur,
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 27.09.2021.
2. Learned counsel for the petitioner, instead of arguing the
petition 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 The writ petition, thus, stands dismissed as withdrawn, while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
31.12.2023, on the following conditions:-
(i) The petitioner shall personally submit an undertaking
supported by his affidavit before the trial Court to the
(2 of 2) [CW-17250/2021]
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 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 31.03.2022. 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 of the respondent (details
whereof shall be supplied by the respondent to the
petitioner) 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.
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
48-skm/-
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