Rajasthan High Court
Sultan Singh Son Of Late Shri ... vs Smt. Ramsukhi Wife Of Late Shri Om ... on 13 December, 2021
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No.13116/2021
1. Sultan Singh Son Of Late Shri Murlidhar, C/o Rajesh
Electrical and Rewinding Works, Khailand Market,
Prathviraj Marg, Ajmer (Since Deceased) through his
heirs:-
1/1. Rajesh, Son Of Late Shri Sultan Singh
1/2. Mukesh, Son Of Late Shri Sultan Singh
1/3. Ashok Kumar, Son Of Late Shri Sultan Singh
1/4. Rakesh, Son Of Late Shri Sultan Singh
1/5. Sanjay, Son Of Late Shri Sultan Singh
1/6. Smt. Mani Devi Wife Of Late Shri Sultan Singh,
All Residents Of Ekta Colony, Kalyanipura Road, Ajmer.
----Petitioners-Tenants
Versus
1. Smt. Ramsukhi Wife Of Late Shri Om Prakash Rathi,
(Since Deceased) Through LR's-
1/1. Kishanswaroop Rathi (Since Deceased), through LR's -
1/1/1. Smt. Shashi Rathi Wife Of Late Kishanswaroop Rathi,
1/1/2. Aman Rathi Adopted Son Of Late Kishanswaroop Rathi,
All Residents Of Sobhagya Club, Ajmer
1/2. Krishna Kant Rathi, Son Of Late Shri Late Shri Om
Prakash Rathi
1/3. Tej Kumar Rathi, Son Of Late Shri Late Shri Om Prakash
Rathi
1/4. Atul Kumar Rathi, Son Of Late Shri Late Shri Om
Prakash Rathi
1/5. Smt. Shashi Kala Daughter Of Late Shri Om Prakash
Rathi and Wife Of Shri Satya Narayan, H8, Kanta
Thakuriya Colony, Shiv Badi, Bikaner
1/6. Smt. Chand Kala Daughter Of Late Shri Om Prakash
Rathi and Wife Of Shri Kailash Chand Jhanwar, Tankia
Park, Thakur Complex, Kandiwali, Mumbai
1/7. Smt. Hemlata Daughter Of Late Shri Om Prakash Rathi
And Wife Of Shri Ramesh Chand, Punjabi Bagh, New
Delhi
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1/8. Smt. Beena Daughter Of Late Shri Late Shri Om
Prakash Rathi And Wife Of Shri Om Prakash Toshniwal,
Shobagh Club, Civil Lines, Ajmer
1/9. Smt. Sunita Daughter Of Late Shri Om Prakash Rathi
And Wife Of Shri Navneet Bang, Ashok Vihar Colony,
Kishanganj, Ajmer
2. Kishanswaroop Rathi Son Of Late Shri Om Prakash
Rathi, (Since Deceased) Through LR's.
2/1. Smt. Shashi Rathi Wife Of Late Kishanswaroop Rathi,
2/2. Aman Rathi Adopted Son Of Late Kishanswaroop Rathi,
Both Residents Of Sobhagya Club, Civil Lines, Ajmer
3. Atul Kumar Rathi Son Of Late Shri Om Prakash Rathi,
Resident of 524/50, Saubhagya Club, Civil Lines, Ajmer.
----Respondents-Landlords
For Petitioner(s) : Mr.Alok Chaturvedi, Adv.
For Respondent(s) : Mr.Rahul Agarwal, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
13/12/2021
The present writ petition has been filed by the
petitioners-tenants challenging judgment dated 01.09.2021
passed by the Appellate Rent Tribunal, Ajmer whereby the order
dated 15.10.2016 passed by the Rent Tribunal, Ajmer was
affirmed.
After arguing the matter for some time, learned counsel
for the petitioners-tenants-Mr. Alok Chaturvedi, on instructions,
submits that the petitioners-tenants shall vacate the shop in
question on or before 31.12.2023.
Learned counsel appearing on behalf of the
respondents-landlords--Mr.Rahul Agarwal agreed to the proposal
of learned counsel for the petitioners-tenants and submits that in
(3 of 4) [CW-13116/2021]
the event of the judgment of the Appellate Rent Tribunal, Ajmer
dated 01.09.2021 being upheld, the respondents-landlords would
have no objection if the petitioners-tenants continue in occupation
of the rented premises in question only till 31 st December, 2023
and in no event beyond the said date.
In view of the consent of learned counsel for the
parties, the writ petition is disposed of with the following
directions:-
(i) The petitioners-tenants shall be entitled to continue in
occupation of the rented premises in question (shop) till 31 st
December, 2023, but not beyond the subject to condition that they
would handover the peaceful and vacant possession of the
premises in question to respondents-landlords on or before 31 st
December, 2023.
(ii) The petitioners-tenants shall pay arrears of rent or
mesne profits, if any, till December 2021, as determined by the
Courts within a period of two months from today.
(iii) Commencing 1st January, 2022, the petitioners-tenants
shall pay to respondents-landlords the mesne profits @ Rs.3,000/-
per month on or before 7th of each month.
(iv) The petitioners-tenants shall not alienate, part with,
create third party right and hand over possession of the rented
premises in question to any other person.
Further, the petitioners-tenants shall submit an
undertaking incorporating the aforesaid conditions before the Rent
Tribunal, Ajmer within a period of thirty days, from the date of this
order. In case the petitioners-tenants fail to submit the
undertaking as aforesaid within thirty days from today, and/ or
breaches any of the conditions of this order, the respondents-
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landlords shall be entitled to initiate execution proceeding
pursuant to judgment and possession certificate dated 01.09.2021
and obtain possession of the premises in issue forthwith, in
accordance with law. The breach of this order shall also make
liable to be punished in contempt of the Court.
Accordingly, the present writ petition stands disposed
of.
(ASHOK KUMAR GAUR), J
Himanshu Soni/16
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