Nirmala Monga vs Thakurdas Khatri
2021 Latest Caselaw 16817 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6824/2021

1. Nirmala Monga W/o Late Shri Sohanlal Monga, Aged About 73 Years, By Caste Monga, Resident Of 4-E-373, Jainarayan Vyas Colony, Bikaner.

2. Rajeev Monga S/o Late Shri Sohanlal Monga, Aged About 45 Years, By Caste Monga, Resident Of 4-E-373, Jainarayan Vyas Colony, Bikaner.

----Petitioners Versus

1. Thakurdas Khatri S/o Late Shri Butaram Khatri, By Caste Khatri, Resident Of 3-E-236, Jainarayan Vyas Colony, Bikaner.

2. Ramesh Chandra S/o Late Shri Butaram Khatri, By Caste Khatri, Resident Of 3-E-236, Jainarayan Vyas Colony, Bikaner.

----Respondents

For Petitioner(s) : Mr. Jai Kishna Bhaiya Mr. Rajeev Monga petitioner in person For Respondent(s) : Mr. Manoj Bhandari

JUSTICE DINESH MEHTA

Order

11/11/2021

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

dated 01.02.2019, passed by the learned Rent Tribunal, Bikaner,

whereby the application filed by the respondents under Sections 6

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

preferred thereagainst by the petitioners, has been dismissed by

the Rent Appellate Tribunal, Bikaner, vide judgment dated

07.04.2021.

(2 of 3) [CW-6824/2021]

2. Learned counsel for the petitioners 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 petitioners

to vacate the suit premises by 31.03.2023 on the following

conditions:-

(i) The petitioners shall personally submit an undertaking

supported by their affidavit before the Trial Court to the

effect that on or before 31.03.2023, they shall hand

over peaceful and vacant possession of the suit

premises to the respondent. They 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 petitioners shall deposit entire arrears of rent

calculated at the rate of Rs.5000/- per month, latest by

31.01.2022.

(iii) The petitioners shall pay mesne profit of Rs.7,000/- per

month from 01.12.2021 on or before 7 th day of each

month in the Bank Account No.-669901051535, ICICI

Bank, Bikaner, Name- Sh. Thakur Das Khatri, Mobile

No.8875489921, till the vacant possession of the suit

property is handed over i.e. by 31.03.2023. First such

payment shall be made on or before 07.01.2022.

                                                                              (3 of 3)               [CW-6824/2021]


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

petitioners in the Trial Court by 30.11.2021.

4. It is made clear that upon petitioners' 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.

6. The stay application also disposed of accordingly.

(DINESH MEHTA),J

9-pooja/-

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