Mohammad Aslam S/O Abdul Gafoor Ji ... vs Muslim Intejamia Sanstha ...
2021 Latest Caselaw 7905 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 14213/2021

Mohammad Aslam S/o Abdul Gafoor Ji Chhipa, Resident Of
Eidgah Shop No. 7, Chungi Naka Road, Rani, Tehsil- Rani,
District- Pali, Rajasthan
                                                                   ----Petitioner
                                   Versus
1.     Muslim Intejamia Sanstha (Committee), Through Sadar,
       Resident Of Muslim Intejamia Sanstha, Rani Station,
       District Pali, Rajasthan.
2.     Rajasthan Board Of Muslim Waqfs, Through Its Chief
       Executive Officer, Jyoti Nagar, Jaipur.
                                                                ----Respondents

For Petitioner(s) : Mr.Jai Kishan Yogi, Adv. For Respondent(s) : Mr.Ram Chandra Sharma, Adv.

Mr.Ramesh Chand Bairwa, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

21/12/2021

The present writ petition has been filed by the petitioner

challenging the orders dated 18.04.2019 passed by the Rajasthan

Board of Muslim WAQFs, Jaipur and the order dated 31.08.2021

passed by the Rajasthan WAQFs Tribunal, Jaipur.

This Court does not intend to interfere in the concurrent

findings recorded vide orders dated 18.04.2019 and 31.08.2021.

Learned counsel for the petitioner submitted that in case,

this Court is not inclined to interfere, at least liberty may be

granted to the petitioner to vacate the shop in question in next

twelve months.

(2 of 3) [CW-14213/2021]

Learned counsel further submitted that the petitioner is

prepared to pay the arrears of rent, as determined by the Chief

Executing Officer, WAQF within a period of three months.

Learned counsel further submitted that the petitioner would

also pay Rs.2,500/- per month from January, 2022 onwards till

December, 2022.

Learned counsel appearing on behalf of the respondent

agreed to the aforesaid proposal of learned counsel for the

petitioner-tenant and submits that the respondent-landlord would

have no objection if the petitioner-tenant continues in occupation

of the rented premises in question only till 31 st December, 2022

and in no event beyond the said date.

In view of the consent given by learned counsel for both 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 rented premises in question (shop) till 31 st

December, 2022 but not beyond that, subject to condition that he

would handover the peaceful and vacant possession of the

premises in question to respondent-landlord on or before 31 st

December, 2022.

(ii) The petitioner-tenant shall pay arrears of rent or mesne

profits, if any, within a period of two months from today.

(iii) Commencing from 1st January, 2022, the petitioner-

tenant shall pay to respondent-landlord the mesne profits @

Rs.2,500/- per month on or before 7th of each month.

(iv) The petitioner-tenant shall not alienate, part with, create

third party right and hand over possession of the rented premises

in question to any other person.

(3 of 3) [CW-14213/2021]

Further, the petitioner-tenant shall submit an undertaking

incorporating the aforesaid conditions before the Rajasthan Board

of Muslim WAQFs, Jaipur within a period of thirty days, from the

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

undertaking as aforesaid within thirty days from today, and/ or

breaches any of the conditions of this order, the respondent-

landlord shall be entitled to initiate execution proceeding pursuant

to impugned judgment/order 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 for contempt of

the Court.

Accordingly, the present writ petition stands disposed of.

(ASHOK KUMAR GAUR),J

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