O.N. Sharma S/O Late Shri Jai Gopal ... vs Smt. Vimla Upmanyu W/O Late Shri ...
2021 Latest Caselaw 6864 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 11353/2021

O.n. Sharma S/o Late Shri Jai Gopal Sharma, Aged About 78
Years, Resident Of Flat No. 4/122, Sector No. 4, Housing Board,
Jawahar Nagar, Jaipur.
                                                                      ----Petitioner
                                     Versus
1.      Smt. Vimla Upmanyu W/o Late Shri Dharmendra Kumar
        Upmanyu,      Aged       About       67     Years,        Resident   Of    97,
        Taranagar, Civil Lines, Jaipur.
2.      Ira Upmanyu D/o Late Shri Dharmendra Kumar Upmanyu,
        Aged About 39 Years, Resident Of 97, Taranagar, Civil
        Lines, Jaipur.
3.      Itti Upmanyu D/o Late Shri Dharmendra Kumar Upmanyu,
        Aged About 37 Years, Resident Of 97, Taranagar, Civil
        Lines, Jaipur.
                                                                   ----Respondents

For Petitioner(s)          :     Mr. Devendra Sharma.
For Respondent(s)          :     Mr. Pradhuman Singh Rathore.



             HON'BLE MR. JUSTICE INDERJEET SINGH

                                      Order

24/11/2021

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

against the judgment dated 07.09.2021 passed by the Appellate

Rent Tribunal, Jaipur Metropolitan-I in Appeal No.191/2019, whereby

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

decree of eviction dated 05.09.2019 passed by the Rent Tribunal,

Jaipur (Additional Senior Civil Judge & Additional Chief Metropolitan

Magistrate No1, Jaipur Metropolitan) was dismissed and the

petitioner-tenant was directed to vacate the disputed premises.

(2 of 3) [CW-11353/2021]

2. After arguing for some time, Mr. Devendra 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 30.11.2022.

3. Mr. Pradhuman Singh Rathore, 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 30.11.2022 with a condition that he

would hand over the vacant possession of the disputed premises to

the respondents-landlord on or before 30.11.2022.

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

up to 30.11.2021 within a period of three 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 respondent-landlord shall

be entitled to the immediate execution of the judgment and

(3 of 3) [CW-11353/2021]

possession certificate dated 05.09.2019 and obtain possession of the

disputed premises forthwith in accordance with law.

(INDERJEET SINGH),J

MG/02

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