Vishal Jain S/O Late Shri Babulal ... vs Dr. Smt. Vijaya Silvenigam W/O ...
2021 Latest Caselaw 7083 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 25157/2018

Vishal Jain S/o Late Shri Babulal Jain, Aged About 39 Years,
Resident Of House No. 1, Near Office Of Military Services, Ajmer
Road,jaipur.
                                                                   ----Petitioner
                                    Versus
Dr. Smt. Vijaya Silvenigam W/o Oliver Pal, Aged About 67
Years,resident Of House No. 1, Near Office Of Military Services,
Ajmer Road, Jaipur.
                                                                 ----Respondent

For Petitioner(s)         :     Mr. R.S. Tanwar, Adv.
For Respondent(s)         :     Ms. Ambika, Adv.



           HON'BLE MR. JUSTICE INDERJEET SINGH

                                     Order

01/12/2021

1. The instant writ petition has been filed by the petitioner against

the order dated 30.07.2018 passed by the Appellate Rent Tribunal,

Jaipur Metropolitan in regular Appeal No.05/2016, whereby the

appeal filed by the petitioner against the judgment dated 30.09.2015

passed by the Rent Tribunal, Jaipur (Senior Civil Judge and Additional

Chief Metropolitan Magistrate, Jaipur Metropolitan) was dismissed

and the petitioner was directed to vacate the property in question.

2. After arguing for some time, Mr. R.S. Tanwar, learned counsel

for the petitioner-tenant, on instructions from his client, submits that

the petitioner-tenant shall vacate the property in question on or

before 30.06.2022.

(2 of 3) [CW-25157/2018]

3. Ms. Ambika, learned counsel appearing on behalf of the

respondent-landlord on instructions from her client agreed to the

proposal of the learned counsel for the petitioner-tenant.

4. In view of the consent of learned counsel for the parties, the

writ petition is disposed of with the following directions:-

(i) The petitioner-tenant shall be entitled to continue in occupation

of the shop in question till 30.06.2022 with a condition that he would

hand over the vacant possession of the property in question to the

respondent-landlord on or before 30.06.2022.

(ii) The petitioner-tenant shall pay arrears of agreed rent, if any,

up to 30.11.2021 within a period of two months from today.

(iii) The petitioner-tenant shall pay rent to the respondent-landlord,

commencing from 1st December, 2021, as per order of the Rent

Tribunal on or before 10th of each month.

(iv) The petitioner-tenant shall not alienate or otherwise create

third party right, or hand over possession of the property in question

to any other person.

5. Further, the petitioner-tenant shall submit an undertaking

incorporating the aforesaid conditions before the Rent Tribunal,

Jaipur (Senior Civil Judge and Additional Chief Metropolitan

Magistrate, Jaipur Metropolitan) within a period of thirty days, from

the date of this order. In case petitioner-tenant fails to submit the

undertaking as directed by this court within a period of thirty days

from today, or breaches the conditions of this order, the respondent-

landlord shall be entitled to the immediate execution of the judgment

and possession certificate dated 30.09.2015 and obtain possession of

the property in question forthwith in accordance with law.

(3 of 3) [CW-25157/2018]

6. The writ petition stands disposed of.

7. All the pending applications stand disposed of.

(INDERJEET SINGH),J

JYOTI /86

Powered by TCPDF (www.tcpdf.org)