Rajasthan High Court
Kailash Chand Sharma Son Of Shri ... vs Om Prakash Singhaniya Son Of Shri ... on 22 November, 2021
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12027/2021
Kailash Chand Sharma Son Of Shri Bhonri Lal Sharma, Aged About
69 Years, Resident Of House No. 511, Shankar Gurjar Ki Gali,
Behind Shimla Hotel, Chandi Ki Taksal, Jaipur (Rajasthan).
----Petitioner
Versus
Om Prakash Singhaniya Son Of Shri Ram Niwas Singhaniya, Aged
About 77 Years, Resident Of House No. 147, Chandi Ki Taksal,
Chelo Ka Rasta, Bajdariyon Ki Mori, Subhash Chowk, Jaipur
(Rajasthan)
----Respondent
For Petitioner(s) : Mr. Rajneesh Gupta.
For Respondent(s) : Mr. Prashant Choudhary.
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 18.09.2021 passed by the Appellate
Rent Tribunal, Jaipur Metropolitan-I in Appeal No.198/2019, whereby
the appeal filed by the petitioner-tenant against the judgment &
decree of eviction dated 07.09.2019 passed by the Rent Tribunal,
Jaipur-cum-Additional Senior Civil Judge-cum-Additional Chief
Metropolitan Magistrate No.1, Jaipur Metropolitan was dismissed and
the petitioner-tenant was directed to vacate the disputed premises.
2. After arguing for some time, Mr. Rajneesh Gupta, 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. Prashant Choudhary, 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-12027/2021]
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 one months from today.
(iii) The petitioner-tenant commencing from 1st November, 2021
shall deposit mesne profits @ Rs.3,000/- per month in the bank
account of the respondent-landlord on or before 10 th of each month
and respondent-landlord may inform the bank account number to the
petitioner-tenant within a period of fifteen days.
(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
his order. In case petitioner-tenant fails to submit the undertaking s
directed by this court within a period of thirty days from today, or
reaches the conditions of this order, the respondent-landlord shall e
entitled to the immediate execution of the judgment and ossession
certificate dated 07.09.2019 and obtain possession of the isputed
premises forthwith in accordance with law.
(INDERJEET SINGH),J
MG/09
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