Vinod Kumar Upadhyay Son Of Shri ... vs Shri Vardhman Shwetambar ...
2021 Latest Caselaw 6214 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 11619/2021

Vinod Kumar Upadhyay Son Of Shri Khemchand Upadhyay, Aged
About 52 Years, Proprietor Of Ved Agencies, Shri Jain Mahaveer
Bhawan, Wasan Gate, Bharatpur, Resident Of Namak Katra,
Bharatpur (Raj.).
                                                                  ----Petitioner
                                   Versus
Shri Vardhman Shwetambar Sthanakwasi Jain Shravak Sangh,
Through Shri Prakash Chand Jain, Secretary Of Shri Vardhman
Shwetambar Sthanakwasi Jain Shravak Sangh, Wasan Gate,
Bharatpur.
                                                                ----Respondent

For Petitioner(s) : Mr. Manoj Kumar Bhardwaj.

For Respondent(s)        :     Mr. Bipin Gupta.



           HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

08/11/2021

1. The instant writ petition has been filed by the petitioner against

the order dated 28.09.2021 passed by the Appellate Rent Tribunal,

Bharatpur in Appeal No.32/2018, whereby the appeal filed by the

appellant against the judgment dated 08.10.2018 passed by the

Rent Tribunal, Bharatpur was dismissed and the petitioner was

directed to vacate the shop in question.

2. After arguing for some time, Mr. Manoj Kumar Bhardwaj,

learned counsel for the petitioner-tenant, on instructions from his

client, submits that the petitioner-tenant shall vacate the disputed

premises on or before 30.11.2023.

(2 of 2) [CW-11619/2021]

3. Mr. Bipin Gupta, learned counsel appearing on behalf of the

respondent-landlord on instructions from his client agreed to the

proposal of the learned counsel for the petitioner-tenant.

4. 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 disputed premises till 30.11.2023 with a condition that he

would hand over the vacant possession of the disputed premises to

the respondent-landlord on or before 30.11.2023.

(ii) The petitioner-tenant shall pay arrears of agreed rent, if any,

up to 30.11.2021 within a period of two months from today.

(iii) The petitioner-tenant commencing from 1st November, 2021

shall pay to the respondent-landlord mesne profits @

Rs.1,200/- per month on or before 10th of each month.

(iv) The petitioner-tenant shall not alienate or otherwise create

third party right, or hand over possession of the disputed premises to

any other person.

(v) Further, the petitioner-tenant shall submit an undertaking

incorporating the aforesaid conditions before the Rent Tribunal,

Bharatpur within a period of thirty days, from the date of this order.

In case of 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 08.10.2018 and obtain possession of the

disputed premises forthwith in accordance with law.

(INDERJEET SINGH),J

MG/122

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