Jagdish Kumar Arora vs Ramdev
2021 Latest Caselaw 3215 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5488/2020 Jagdish Kumar Arora S/o Shree Lakhmi Chandra Arora, Aged About 58 Years, By Caste Arora, R/o Sardul Colony, Bikaner (Raj.).

----Petitioner Versus Ramdev S/o Shree Akhechand, Aged About 74 Years, B/c Agarwal, R/o Rotary Club, Sardulganj, Bikaner (Raj.).

----Respondent

For Petitioner(s) : Mr.OP Mehta a/w Mr.VD Gaur.

For Respondent(s)        :     Mr.Nishank Madan.



           HON'BLE MR. JUSTICE INDERJEET SINGH

                                Judgment

05/02/2021

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

against the order dated 30.01.2020 passed by the Appellate Rent

Tribunal, Bikaner in Civil Appeal No.02/2019 whereby the appeal

filed by the petitioner against the judgment dated 26.10.2018

passed by the Rent Tribunal Bikaner was dismissed and the

petitioner was directed to vacate the shop in question.

2. After arguing for some time Mr. O.P. Mehta learned

counsel for the petitioner-tenant submits that the petitioner-

tenant shall vacate the shop in question on or before 01.03.2023.

3. Mr.Nishank Madan, 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:-

(2 of 2)

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

occupation of the shop in question till 28.02.2023 with a condition

that he would hand over the vacant possession of the shop in

question to the respondent-landlord on or before 01.03.2023.

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

due upto 28.02.2021 within a period of one month from today.

(iii) The petitioner-tenant commencing from 1st March, 2021

shall pay to the respondent-landlord mesne profits @ Rs.5,000/-

per month 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 shop in question

to any other person.

5. Further, the petitioner-tenant shall submit an

undertaking incorporating the aforesaid conditions before the Rent

Tribunal, Bikaner 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 26.10.2018 and obtain possession of

the shop in question forthwith in accordance with law. It is made

clear that breach of this order shall also make the petitioner liable

to be punished for contempt of the court.

6. The writ petition stands disposed of accordingly.

(INDERJEET SINGH),J

59/S.Phophaliya/-

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