Babli Devi Wife Of Shri Radha Mohan ... vs Anita Sharma Wife Of Taj Mohammad ...
2021 Latest Caselaw 6609 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 5012/2020

Babli Devi Wife Of Shri Radha Mohan Saini, Aged About 40
Years, By Caste Mali, Resident Of - House No. 30/1/03, Swarn
Path, Mansarovar, Jaipur (Raj.)
                                                                   ----Petitioner
                                    Versus
Anita Sharma Wife Of Taj Mohammad Daughter Of Shri Umesh
Chand Sharma, Resident Of - House No. 124, Heera Nagar, Dcm,
Ajmer Road, Jaipur (Rajasthan)
                                                                 ----Respondent

For Petitioner(s)         :     Mr. A.K. Sharma.
For Respondent(s)         :     Mr. R.S. Tanwar.



           HON'BLE MR. JUSTICE INDERJEET SINGH

                                     Order

17/11/2021

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

against the judgment dated 10.01.2020 passed by the Appellate

Rent Tribunal, Jaipur Metropolitan in Appeal No.43/2019, whereby

the appeal filed by the petitioner-tenant against the judgment &

decree of eviction dated 22.02.2019 passed by the Rent Tribunal

(Senior Civil Judge & Additional Chief Judicial Magistrate), Jaipur

Metropolitan was dismissed and the petitioner-tenant was directed to

vacate the disputed premises.

2. After arguing for some time, Mr. A.K. Sharma, learned counsel

for the petitioner-tenant, on instructions from his client, submits that

the petitioner-tenant shall vacate the disputed premises on or before

31.12.2022.

(2 of 2) [CW-5012/2020]

3. Mr. R.S. Tanwar, 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 31.12.2022 with a condition that she

would hand over the vacant possession of the disputed premises to

the respondent-landlord on or before 31.12.2022.

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

up to 31.11.2021 within a period of two months from today.

(iii) The petitioner-tenant shall pay rent to the respondent-landlord,

commencing from 1st November, 2021, as per order of the Rent

Tribunal 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,

Jaipur within a period of thirty days, from the date of this order. 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 22.02.2019 and obtain possession of the disputed premises

forthwith in accordance with law.

(INDERJEET SINGH),J

MG/14

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