Brijratan vs Sampat Devi
2021 Latest Caselaw 10762 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6871/2020

Brijratan S/o Shri Shivdutt, Aged About 67 Years, R/o Dhudho Ka Chok, Wake Bheruji Gali Ke Samne Station Road, Bikaner, Rajasthan.

----Petitioner Versus

1. Smt. Sampat Devi W/o Late Shri Prabhuram Ji, B/c Modi, R/o Toliyasar Bheruji, Gali Ke Samne, Station Road, Bikaner (Rajasthan) (Deceased)

2. Legal Representatives of deceaded Kishanlal S/o Late Shri Prabhuram, B/c Modi, R/o Toliyasar Bheruji Gali Ke Samne Station Road, Bikaner, Rajasthan; 2/1 Smt. Kiran Devi w/o Kishanlal 2/2Mahaveer Modi S/o Kishanlal 2/3 Meghraj Modi S/o Kishanlal All by caste Modi, R/o Toliyasar Bheruji Gali Ke Samne Station Road, Bikaner.

3. Ramadevi W/o Shri Bhanwarlal D/o Late Shri Prabhuram, B/c Modi, R/o Toliyasar Bheruji Gali Ke Samne Station Road, Bikaner, Rajasthan

4. Jamuna Devi W/o Shri Bhuraram, D/o Late Shri Prabhuram, R/o Mohalla Industrial Area, Bikaner (Rajasthan)

5. Legal Representatives of deceased Brijratan S/o Late Shri Prabhuram ;

5/1 Smt. Pushpa Devi W/o Late Shri Brijratan 5/2 Hukamchand son of late Shri Brijratan 5/3 Vishnu son of late Shri Brijratan 5/4 Laxminarain son of late Shri Brijratan 5/5 Bhanwari Devi wife of Satya Prakash D/o late Shri Brijratan All R/o Purani Ginnani Mataji Mandir Ke Pass, Bikaner, Rajasthan.

6. Legal representatives of deceased Poonamchand son of late Shri Prabhuram :

6/1 Smt. Mohani Devi wife of late Shri Poonamchand 6/2 Dilip Kumar son of late Shri Poonamchand 6/3 Ramesh Kumar son of late Shri Poonamchand

(2 of 5) [CW-6871/2020]

6/4 Gaurishanker son of late Shri Poonamchand 6/5 Narendra Kumar son of late Shri Poonamchand All by caste Modi, R/o Toliyasar Bheruji Gali Ke Samne Station Road, Bikaner.

7. Tikamchand son of late Shri Prabhuram through respondents No.3, 4, 5 & 7 are represented through their Power of Attorney Holder Laxminarain son of late Shri Brijratan By caste Modi, resident of Purani Ginnani Mataji Ke Mandir ke pass, Bikaner (Rajasthan)

----Respondents

For Petitioner(s) : Dr. Nupur Bhati For Respondent(s) : Mr. Rishabh Shrimali for Mr. Suresh Shrimali

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

14/07/2021

Heard.

An application (01/21) has been filed for taking legal

representatives of respondent - No.2 Kishanlal and

respondent No.6 - Poonamchand on record. The same is not

opposed by learned counsel for the petitioner. Hence, the

aforesaid application is allowed. The legal representatives of

respondent - No.2 Kishanlal and respondent No.6 -

Poonamchand are taken on record. Amended cause title

already filed is taken on record. Let the same be placed

appropriately.

The petitioner-non-applicant has preferred this writ

petition being aggrieved by the impugned judgment and

decree dated 26.2.2020 passed by the Appellate Rent

Tribunal, Bikaner in Rent Appeal No.77/2015, whereby the

appeal of the petitioner has been dismissed and the judgment

(3 of 5) [CW-6871/2020]

dated 24.2.2015 passed by the Rent Tribunal, Bikaner has

been affirmed. By the judgment dated 24.2.2015, the Rent

Tribunal, Bikaner has allowed the original application filed by

the respondents for eviction and recovery of rent against the

petitioner.

Learned counsel for the petitioner upon instructions

submits that the petitioner does not want to press the writ

petition 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 respondents 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 1 st July,

2021 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 respondents up till the vacant possession is

handed over to the respondents.

Accordingly, with the consent of both the learned

counsel, the present writ petition of the petitioner is

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

premises to the respondent-landlord on or before 31 st July,

2022 with the following conditions:-

(4 of 5) [CW-6871/2020]

(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 31.7.2022 and shall not cause any

damage to the rent property and shall maintain the same as

it is. The respondents shall not execute the impugned decree

till 31.07.2022.

(ii) The petitioner shall pay the mesne profit of

Rs.2,000/- per month from 1 st July, 2021 and shall further

continue to pay mesne profit every month by 15th day of the

next succeeding month or in advance to the respondents 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 respondents.

(iii) The petitioner-defendant shall further undertakes

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 he 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.

(v) The respondents will give the details of their bank

account number in which the arrears of rent or mesne profit

(5 of 5) [CW-6871/2020]

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 respondents to get the decree passed in their

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

31.07.2022 and the respondents 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

55-msrathore/-

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