Girraj Prasad Son Of Shri Narayan vs Sitaram Khandelwal Son Of Shri ...
2021 Latest Caselaw 6785 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 10271/2021

Girraj Prasad Son Of Shri Narayan, Owner Of M/s Jamna Lal Ram
Chandra, Shop No. 232, Choti Chaupad, Khanda Roopchaturbhuj
Ke Mandir Ke Neeche, Jaipur.
                                                                   ----Petitioner
                                   Versus
1.      Sitaram Khandelwal Son Of Shri Ravadmal Khandelwal,
        Resident Of Plot No. B-167, Laxmi Narayan, Galta Road,
        Jaipur.
2.      Vishal Khandelwal Son Of Shri Sitaram Khandelwal,
        Resident Of Plot No. B-167, Laxmi Narayan, Galta Road,
        Jaipur.
3.      Smt. Shushila Devi Khandelwal Wife Of Shri Sitaram
        Khandelwal, Resident Of Plot No. B-167, Laxmi Narayan,
        Galta Road, Jaipur.
                                                                ----Respondents

For Petitioner(s) : Mr. R.K. Agarwal, Senior Counsel assisted by Ms. Sunita Pareek.

For Respondent(s)        :     Mr. M.C. Jain.



          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 31.08.2021 passed by the Appellate

Rent Tribunal, Jaipur Metropolitan-I, Jaipur in Appeal No.46/2020,

whereby the appeal filed by the petitioner-tenant against the

judgment & decree of eviction dated 13.12.2019 passed by the Rent

Tribunal, Jaipur & Additional Senior Civil Judge and Additional Chief

Metropolitan Magistrate No.1, Jaipur Metropolitan was dismissed and

the petitioner-tenant was directed to vacate the disputed premises.

(2 of 3) [CW-10271/2021]

2. After arguing for some time, Mr. R.K. Agarwal, learned senior

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

submits that the petitioner-tenant shall vacate the disputed premises

on or before 31.03.2024.

3. Mr. M.C. Jain, learned counsel appearing on behalf of the

respondents-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 31.03.2024 with a condition that he

would hand over the vacant possession of the disputed premises to

the respondents-landlord on or before 31.03.2024.

(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 respondents-

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 Metropolitan 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 respondents-landlord shall

be entitled to the immediate execution of the judgment and

(3 of 3) [CW-10271/2021]

possession certificate dated 13.12.2019 and obtain possession of the

disputed premises forthwith in accordance with law.

(INDERJEET SINGH),J

MG/116

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