Kailash Chandra vs Kamal Kumar
2021 Latest Caselaw 16757 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11599/2021 Kailash Chandra S/o Shri Kanhaiya Lal Chhipa, Aged About 52 Years, C/o Mahaveer Electronics, R/o Badla Chouraha, Shastri Nagar, Bhilwara.

----Petitioner Versus Kamal Kumar S/o Shri Kishan Chand Tulsani, R/o A-37, U.I.T, Colony, Bhopalpura, Bhilwara.

----Respondent

For Petitioner(s) : Mr. Rakesh Arora For Respondent(s) : Mr. Sanjay Nahar

JUSTICE DINESH MEHTA

Order

10/11/2021

1. The present writ petition has been filed against the judgment

dated 16.05.2016, passed by the learned Rent Tribunal, Bhilwara,

whereby the application filed by the respondent under Sections 6

and 9 of the Rent Control Act has been allowed and the appeal

preferred thereagainst by the petitioner, has been dismissed by

the Rent Appellate Tribunal vide judgment dated 11.08.2021.

2. Learned counsel for the petitioner has limited his prayer to

the extent of granting time to vacate the suit premises.

3. In view of the above, finding no ground to interfere, this writ

petition stands disposed of while granting time to the petitioner to

vacate the suit premises by 30.06.2023 on the following

conditions:-

                                         (2 of 3)                [CW-11599/2021]


     (i)    The petitioner shall personally submit an undertaking

supported by his affidavit before the Trial Court to the

effect that on or before 30.06.2023, he shall hand over

peaceful and vacant possession of the suit premises to

the respondent. He shall also undertake not to cause

any damage to the suit premises nor to make any

alteration and not to assign, sublet or in any manner

part with possession to any other person and not to put

the premises to any use other than the present use and

not to cause any nuisance.

(ii) The petitioner shall deposit entire arrears of rent

calculated at the rate of Rs.1057/- per month, latest by

31.01.2022.

(iii) The petitioner shall pay mesne profit of Rs.2,000/- per

month from 01.12.2021 on or before 7 th day of each

month in the Bank Account No.-39757926453 IFSC

Code-SBIN0006335, State Bank of India Branch - Seva

Sadan Road, Bhilwara,, till the vacant possession of the

suit property is handed over i.e. by 30.06.2023. First

such payment shall be made on or before 07.12.2021.

(iv) The undertaking with the affidavit shall be filed by the

petitioner in the Trial Court by 26.11.2021.

4. It is made clear that upon petitioner's failure to comply with

any of the conditions aforesaid or violating any terms of the

undertaking, the respondent shall be entitled to execute the

judgment passed by the Rent Tribunal forthwith, besides initiating

proceedings for contempt of court, in accordance with law.

5. No order as to costs.

(3 of 3) [CW-11599/2021]

6. The stay application also disposed of accordingly.

(DINESH MEHTA),J 18-Amar/-

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