M/S Gajendra Khandelwal And ... vs Ashok Atrey S/O Shri Raghunath ...
2021 Latest Caselaw 7084 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 13516/2021

M/s Gajendra Khandelwal And Company, Through Partner Shri
Ganjendra Khandelwal, Aged Abput 50 Years, Plot No. 2, Nath
House Mission Coumpund, Ajmer Road, Jaipur (Raj.)
                                                                  ----Petitioner
                                   Versus
Ashok Atrey S/o Shri Raghunath Prasad Atrey, R/o J-4, Subhash
Marg, C-Scheme, Jaipur (Raj.)
                                                                ----Respondent

For Petitioner(s)        :     Mr. Ramesh Kumawat.
For Respondent(s)        :     Mr. O.P. Mishra.



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

01/12/2021

1. Instant writ petition has been filed by the petitioner-tenant

against the judgment dated 15.09.2021 passed by the Appellate

Rent Tribunal, Jaipur Metropolitan First in Appeal No.66/2019,

whereby the appeal filed by the petitioner-tenant against the

judgment & decree of eviction dated 02.03.2019 passed by the Rent

Tribunal, Jaipur (Senior Civil Judge & Additional Chief Metropolitan

Magistrate, Jaipur Metropolitan) was dismissed and the petitioner-

tenant was directed to vacate the disputed premises.

2. After arguing for some time, Mr. Ramesh Kumawat, learned

counsel for the petitioner-tenant, on instructions from his client,

submits that the petitioner-tenant shall vacate the disputed premises

on or before 31.05.2023.

(2 of 2) [CW-13516/2021]

3. Mr. O.P. Mishra, learned counsel appearing on behalf of the

respondent-landlord on instructions from his 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 disputed premises till 31.05.2023 with a condition that he

would hand over the vacant possession of the disputed premises to

the respondent-landlord on or before 31.05.2023.

(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 disputed premises to

any other person.

(v) Further, the petitioner-tenant shall submit an undertaking

incorporating the aforesaid conditions before the Rent Tribunal,

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 02.03.2019 and obtain possession of the

disputed premises forthwith in accordance with law.

(INDERJEET SINGH),J

MG/140

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