M/S Shyam Sunder Murari Lal ... vs Ramesh Chand Bairathi S/O Late Sh. ...
2021 Latest Caselaw 7863 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 890/2020

1.     M/s Shyam Sunder Murari Lal Lashkari, Municipal Shop
       No. 1647, At Present Municipal Shop No. 52-53 In
       Bairathi Bhawan, Chaura Rasta, Jaipur Through Partner
       Shyam Sunder Lashkari S/o Late Phoolchand Agarwal R/o
       Municipal Shop No. 1647 Whose Present Shop No. Is 52-
       53 In Shops Of Chaura Rasta, Bairathi Bhawan, Chaura
       Rasta, Jaipur (Raj.).
2.     Shyam Sunder Lashkari S/o Late Phoolchand Agarwal,
       Partner M/s Shyam Sunder Murari Lal Lashkari, R/o K-B-
       304 Janta Colony, Jaipur And Plot No. 74 Talkatora,
       Behind Govind Dev Ji Mandir, Jaipur.
3.     Murari Lal Lashkari S/o Shyam Sunder Lashkari, Partner
       M/s Shyam Sunder Murari Lal Lashkari, R/o K-B-304
       Janta Colony, Jaipur Kha Plot No. 72 Talkatora, Behind
       Govind Dev Ji Mandir, Jaipur.
                                                                  ----Petitioners
                                   Versus
1.     Ramesh Chand Bairathi S/o Late Sh. Sheetal Prasad
       Bairathi, R/o House No. 1646, Bairathi Bhawan, Chaura
       Rasta, Jaipur
2.     Smt. Shakuntala Bairathi W/o Late Sh. Umesh Chand
       Bairathi, R/o House No. 1646, Bairathi Bhawan, Chaura
       Rasta, Jaipur
3.     Ashok Bairathi S/o Late Sh. Umesh Chand Bairathi, R/o
       House No. 1646, Bairathi Bhawan, Chaura Rasta, Jaipur
4.     Smt. Anita Bairathi W/o Vaibhav Gupta D/o Late Sh.
       Umesh Chand Bairathi, R/o House No. 1646, Bairathi
       Bhawan, Chaura Rasta, Jaipur
                                                                ----Respondents

For Petitioner(s) : Mr.Giriraj Bardhar, Adv.

For Respondent(s)        :     Mr.Alok Garg, Adv.



         HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

                                    Order



                                              (2 of 3)                     [CW-890/2020]

20/12/2021

The present writ petition has been filed by the

petitioners-tenants challenging judgment dated 02.12.2019

passed by the Appellate Rent Tribunal, Jaipur Metropolitan, Jaipur

whereby the order dated 11.09.2018 passed by the Rent Tribunal

Jaipur was affirmed.

After arguing the matter for some time, learned counsel

for the petitioners-tenants-Mr.Giriraj Bardhar, on instructions,

submits that the petitioners-tenants shall vacate the shop in

question on or before 30.06.2023.

Learned counsel appearing on behalf of the

respondents-landlords--Mr.Alok Garg agreed to the proposal of

learned counsel for the petitioners-tenants and submits that in the

event of the judgment of the Appellate Rent Tribunal, Jaipur

Metropolitan, Jaipur dated 02.12.2019 being upheld, the

respondents-landlords would have no objection if the petitioners-

tenants continue in occupation of the rented premises in question

only till 30th June, 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 30 th June,

2023 but not beyond that, subject to condition that they would

handover the peaceful and vacant possession of the premises in

question to respondents-landlords on or before 30th June, 2023.

(ii) The petitioners-tenants shall pay arrears of rent or

mesne profits, as per order dated 11.09.2018 within a period of

one month from today.

(3 of 3) [CW-890/2020]

(iii) Commencing 1st January, 2022, the petitioners-tenants

shall pay to respondents-landlords the mesne profits @

Rs.50,000/- 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, Jaipur Metropolitan, Jaipur 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-landlords shall be entitled to initiate execution

proceeding pursuant to judgment and possession certificate dated

02.12.2019 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/89

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