Rajasthan High Court - Jodhpur
Kanhaiya Lal vs Seth Navalchand Suprathchand ... on 24 March, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5035/2021
Kanhaiya Lal S/o Ghanshyam Das Sindhi, Aged About 62 Years,
B/c Sindhi, Owner Of Firm M/s K G Cycle Works Near Navlakha
Mandhir, Navlakha Road Pali And At Present Resident Of Sindhi
Colony, Pali.
----Petitioner
Versus
Seth Navalchand Suprathchand Jain Devki Pedhi, Gujarati Katla,
Pali, Trustee of registered trust-
1. Parasmal S/o Pannalal Bhansali, Chairman.
2. Hanuwant Chand S/o Fateh Chand Mehta, Vice Chairman.
3. Ramesh Chand S/o Ghisu Lal Sanklecha, Secretary.
4. Gautam Chan S/o Bhawarlal Mehta, Treasurer.
5. Sampant Sand S/o Kewalchand Sand, Vice Secretary.
6. Nemichand S/o Shambhumalji Mehta, Member.
7. Ramesh Kumar S/o Multanmal Parak, Member.
8. Kesrimal Kothari S/o Maganlal Ji, Member.
9. Agarchand Mehta S/o Devichand Mehta, Member.
10. Rajendra Kumar S/o Madusingh Ji Loda, Member
11. Omprakash S/o Datraj Chajeda, Member.
12. Kantilal S/o Ghisulal Sanklecha, Member.
13. Nemichand S/o Shambhumalji Mehta, Member.
14. Tej Raj S/o Mishri Mal Taated, Member
15. Indrachand S/o Bastimal Talesara, Member.
16. Dilip Kumar S/o Manak Chand Mehta, Member.
17. Mishrimal S/o Bastimal Porwal, Member.
18. Jethmal Master S/o Manroop Chand, Member.
19. Javerilal Porwal S/o Champalal Porwal.
20. Madanlal Gemavat S/o Mishrimal Gemawat.
21. Cahndraprakash Mehta S/o Deep Raj Mehta
All respondents No.1 to 21 are resident of Tehsil Pali, District
Pali.
----Respondents
For Petitioner(s) : Mr. J.P. Bhardwaj
For Respondent(s) : Mr. Vikas Balia (on VC)
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
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(2 of 3) [CW-5035/2021]
Order
24/03/2021
1. In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
2. This writ petition has been filed claiming the following relief:
"(i) It is, therefore, most respectfully prayed that this
writ petition may kindly be allowed and Annexure 4
(dated 20.07.2018) passed by Rent Tribunal, Pali and
Annexure 5 (dated 24.02.2021) passed by Rent
Appellate Tribunal, Pali may kindly be quashed and
set aside. Any other order, which may be kindly be
deem, fit and proper may kindly be passed in favour
of the petitioner."
3. After arguing for some time, learned counsel for the
petitioner-tenant submits that the petitioner-tenant shall vacate
the shop in question on or before 01.10.2022.
4. Learned counsel appearing on behalf of the respondents-
landlord, on instructions from his client agreed to the proposal of
the learned counsel for the petitioner-tenant.
5. In view of the consent of learned counsel for 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 shop in question till 31.09.2022 with a condition that he
would hand over the vacant possession of the shop in question to
the respondent-landlord on or before 01.10.2022.
(ii) The petitioner-tenant shall pay arrears of agreed rent if any,
due upto 31.03.2021 within a period of one month from today.
(iii) The petitioner-tenant commencing from 1st April, 2021 shall
pay to the respondent-landlord mesne profits @ Rs.5,000/- per
month on or before 10th of each month.
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(3 of 3) [CW-5035/2021]
(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.
6. Further, the petitioner-tenant shall submit an undertaking
incorporating the aforesaid conditions before the Rent Tribunal,
Pali within a period of thirty days from today. 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 20.07.2018 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.
The stay application as well as all pending applications also
stand disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
139-Zeeshan/-
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