Rajasthan High Court
Gordhan Sharma S/O Shri Sharwan ... vs Nemi Chand Jain S/O Late Shri Asha ... on 23 November, 2021
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13427/2021
Gordhan Sharma S/o Shri Sharwan Lal Sharma, Aged About 57
Years, R/o Proprietor Shiv Doodh Dahi Bhandar, Plot No. 586,
Adarsh Nagar, Bees Dukan, Jaipur
----Petitioner
Versus
1. Nemi Chand Jain S/o Late Shri Asha Nand Jain, Aged
About 84 Years, R/o Plot No. 586, Adarsh Nagar, Bees
Dukan, Jaipur (Died On 8.5.2021 After Appellate Order)
Through Legal Heir
1/1. Anish Jain S/o Late Nemi Chand Jain, R/o Plot No. 586,
Adarsh Nagar, Bees Dukan, Jaipur
2. Kailash Chand Jain S/o Late Shri Asha Nand Jain, Aged
About 78 Years, R/o Plot No. 472-A, Acharya Kriplani
Marg, Adarsh Nagar, Jaipur
3. Om Prakash Jain S/o Late Shri Asha Nand Jain, Aged
About 75 Years, R/o Plot No. 586, Adarsh Nagar, Bees
Dukan, Jaipur
----Respondents
For Petitioner(s) : Mr. Raj Kumar Tongawat.
For Respondent(s) : Mr. Kedar Nath Sharma.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
23/11/2021
1. Instant writ petition has been filed by the petitioner-tenant
against the judgment dated 09.04.2021 passed by the Appellate
Rent Tribunal, Jaipur in Appeal No.54/2019, whereby the appeal filed
by the petitioner-tenant against the judgment & decree of eviction
dated 18.03.2019 passed by the Rent Tribunal (Additional Senior
Civil Judge cum Additional Chief Metropolitan, Magistrate No.1, Jaipur
(2 of 3) [CW-13427/2021]
Magistrate) was dismissed and the petitioner-tenant was directed to
vacate the disputed premises.
2. After arguing for some time, Mr. Raj Kumar Tongawat, learned
counsel for the petitioner-tenant, on instructions from his client,
submits that the petitioner-tenant shall vacate the disputed premises
on or before 30.05.2023.
3. Mr. Kedar Nath Sharma, 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 30.05.2023 with a condition that he
would hand over the vacant possession of the disputed premises to
the respondents-landlord on or before 30.05.2023.
(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 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 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
(3 of 3) [CW-13427/2021]
the immediate execution of the judgment and possession certificate
dated 18.03.2019 and obtain possession of the disputed premises
forthwith in accordance with law.
(INDERJEET SINGH),J
MG/102
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