Suresh @ Sunny Jamnani S/O Shri ... vs Rambabu Agarwal S/O Shri Jagdish ...
2021 Latest Caselaw 6456 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 10533/2021

Suresh @ Sunny Jamnani S/o Shri Mohan Das Jamnani, R/o
House No. 46, Tiwari Ji Ka Ahata, Opposite Hotel Swagat, Station
Road, Jaipur, And Tenant At Shop In House No. 1585, Bagaru
Walon Ka Rasta, Second Chauraha, Chandpole Bazar, Jaipur
(Raj.)
                                                                  ----Petitioner
                                   Versus
Rambabu Agarwal S/o Shri Jagdish Prasad Agarwal, R/o House
No. 1585, Bagaru Walon Ka Rasta, Second Chauraha, Chandpole
Bazar, Jaipur (Raj.)
                                                                ----Respondent

For Petitioner(s)        :     Mr. Mamoon Khalid.
For Respondent(s)        :     Mr. S.P. Sharma.



           HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

15/11/2021

1. Instant writ petition has been filed by the petitioner-tenant

against the judgment dated 23.02.2021 passed by the Appellate

Rent Tribunal, Jaipur Metropolitan, Jaipur in Appeal No.75/2020,

whereby the appeal filed by the petitioner-tenant against the

judgment & decree of eviction dated 04.11.2019 passed by the Rent

Tribunal, Jaipur Metropolitan was dismissed and the petitioner-tenant

was directed to vacate the disputed premises.

2. After arguing for some time, Mr. Mamoon Khalid, learned

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

submits that the petitioner-tenant shall vacate the disputed premises

on or before 15.12.2021.

(2 of 2) [CW-10533/2021]

3. Mr. S.P. Sharma, 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 15.12.2021 with a condition that he

would hand over the vacant possession of the disputed premises to

the respondent-landlord on or before 15.12.2021.

(ii) The petitioner-tenant shall pay arrears of agreed rent as settled

by parties i.e. Rs.80,000/-, up to 10.12.2021.

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

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

any other person.

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

incorporating the aforesaid conditions before the executing court on

29.11.2021. In case petitioner-tenant fails to submit the undertaking

as directed by this court, or breaches the conditions of this order, the

respondent-landlord shall be entitled to the immediate execution of

the judgment and possession certificate dated 04.11.2019 and obtain

possession of the disputed premises forthwith in accordance with

law.

(INDERJEET SINGH),J

MG/74

Powered by TCPDF (www.tcpdf.org)