Abdul Rahim vs Mohammad Harun
2021 Latest Caselaw 10043 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2100/2020

Abdul Rahim S/o Dawood Musalman (Dawood Kasam) (Lathe Machine Wale), Aged About 84 Years, Resident Of Machinery Market, Bhopalganj, Bhilwara (Rajasthan).

----Petitioner Versus Mohammad Harun S/o Late Abdul Raseed @ Babu Luhar, Resident Of Gulmandi, Bhilwara (Rajasthan).

----Respondent Connected With S.B. Civil Writ Petition No. 2286/2020 Abdul Rahim S/o Dawood Musalman (Dawood Kasam) (Lathe Machine Wale), Aged About 84 Years, Machinery Market, Bhopalganj, Bhilwara (Rajasthan).

----Petitioner Versus Mohammad Harun S/o Late Abdul Raseed @ Babu Luhar, Gulmandi, Bhilwara (Rajasthan).

----Respondent

For Petitioner(s) : Mr. Sanjay Nahar For Respondent(s) : Mr. Alkesh Kumar Agarwal (through VC) Mr. Irfan Gori

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

05/07/2021

The petitioner-non-applicant has preferred these two

writ petitions being aggrieved by the impugned judgment and

decree dated 06.11.2019 passed by the Appellate Rent

Tribunal, Bhilwara in Rent Appeal Nos. 175/2013 and

176/2013, whereby the appeals of the petitioner as well as

(2 of 4) [CW-2100/2020]

of the respondent have been dismissed and the judgment

dated 18.07.2013 passed by the Rent Tribunal, Bhilwara has

been affirmed. By the judgment dated 18.07.2013, the Rent

Tribunal, Bhilwara has allowed the original application filed by

the respondent for eviction and recovery of rent against the

petitioner on the ground of reasonable and bonafide necessity

only.

Learned counsel for the petitioner upon instructions

submits that the petitioner do not want to press these writ

petitions on merits, however, prays that reasonable time may

be granted to him to handover the vacant and peaceful

possession of the suit premises.

Learned counsel for the respondent agrees that he has

no objection if reasonable time is given to the petitioner to

handover the vacant and peaceful possession of the suit

premises.

Learned counsel for the petitioner has submitted that

the petitioner is ready to pay the mesne profit of disputed

premises at the rate of Rs.2,000/- per month from the date

the rent is due and is also ready to continue to pay mesne

profit every month by 15th day of the next succeeding month

or in advance to the respondent up till the vacant possession

is handed over to the respondent.

Accordingly, with the consent of both the learned

counsel, the present writ petitions of the petitioner are

dismissed as not pressed on merits with a direction to the

petitioner to submit an undertaking to the effect that he will

handover the peaceful and vacant possession of the suit

(3 of 4) [CW-2100/2020]

premises to the respondent-landlord on or before 31.12.2021

with the following conditions:-

(i) The petitioner shall submit an undertaking to the

effect that he shall handover the vacant and peaceful

possession of the suit premises in dispute to the respondent-

applicant on or before 31.12.2021 and shall not cause any

damage to the rent property and shall maintain the same as

it is. The respondent shall not execute the impugned decree

till 31.12.2021.

(ii) The petitioner shall pay the mesne profit of

Rs.2,000/- per month from the date the rent is due and shall

further continue to pay mesne profit every month by 15th

day of the next succeeding month or in advance to the

respondent up till vacant possession is handed over to the

respondent-landlord. The arrears of rent and mesne profit as

determined by the Tribunals below, if not already paid, shall

also be paid by the petitioner within a period of three months

from today and entire amount including the amount already

deposited on this account will be disbursed to the respondent.

(iii) The petitioner-defendant shall further undertake

that he will not sub-let, assign or part with the possession of

the suit premises or any part thereof in favour of anyone else

and would not create any third party interest in the same

during the aforesaid period and if they do so, the same will

be treated as void.

(iv) The petitioner shall furnish a written undertaking

incorporating the aforesaid conditions in the trial Court by

31st July, 2021 and one copy thereof along with affidavit in

this Court.

(4 of 4) [CW-2100/2020]

(v) The respondent will give the details of his bank

account number in which the arrears of rent or mesne profit

and regular mesne profit now to be paid, will be deposited

within a period of three months from today.

(vi) It is made clear, that in case, the petitioner does not

comply with any of the aforesaid conditions, then it will be

open for the respondent to get the decree passed in his

favour executed forthwith even before the aforesaid dated i.e.

31.12.2021 and the respondent may also initiate contempt

proceedings in this Court against the petitioner.

No costs.

A copy of this judgment be sent to the learned court

below forthwith.

(VIJAY BISHNOI),J

8-9-akash/-

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