Rameshwar Prasad Khandelwal Son ... vs Chandra Prakash Sharma Son Of ...
2021 Latest Caselaw 6781 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 12685/2021

Rameshwar Prasad Khandelwal Son Of Mangilal, Through M/s
Rupam, 86, Shopping Center, Kota (Raj.)
                                                                   ----Petitioner
                                    Versus
Chandra Prakash Sharma Son Of Hemdutt Sharma, Resident Of
Om Enclave, Anantpura, Kota (Raj.)
                                                                 ----Respondent

For Petitioner(s)         :     Mr. T.L. Pandey.
For Respondent(s)         :     Mr. Narendra Kumar.



            HON'BLE MR. JUSTICE INDERJEET SINGH

                                     Order

22/11/2021

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

against the judgment dated 06.10.2021 passed by the Appellate

Rent Tribunal, Kota in Appeal No.43/2019, whereby the appeal filed

by the petitioner-tenant against the judgment & decree of eviction

dated 09.10.2019 passed by the Rent Tribunal, Kota was dismissed

and the petitioner-tenant was directed to vacate the disputed

premises.

2. After arguing for some time, Mr. T.L. Pandey, 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.

3. Mr. Narendra Kumar, 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.

(2 of 2) [CW-12685/2021]

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 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, Kota

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 09.10.2019 and obtain possession of the disputed premises

forthwith in accordance with law.

(INDERJEET SINGH),J

MG/129

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