Kushal Chand Bardia Son Of Late ... vs Narendra Kumar Sukhlecha Son Of ...
2021 Latest Caselaw 6984 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 8507/2020

1.       Kushal Chand Bardia Son Of Late Shri Deep Chand
         Bardia, Resident Of House No. 1410, Tarachand Nayab Ka
         Rasta, Pitalion Ka Rasta, Choukari Vishveshwarji, Jaipur
         (Died During Pendency Of Appeal)-
1/1.     Smt Sushila Devi Wife Of Late Shri Kushal Chand Bardia,
         Resident Of House No. 1410, Tarachand Nayab Ka Rasta,
         Pitalion Ka Rasta, Choukari Vishveshwarji, Jaipur.
1/2.     Pradeep Kumar Son Of Late Shri Kushal Chand Bardia,
         Resident Of House No. 1410, Tarachand Nayab Ka Rasta,
         Pitalion Ka Rasta, Choukari Vishveshwarji, Jaipur.
1/3.     Ashish Son Of Late Shri Kushal Chand Bardia, Resident Of
         House No. 1410, Tarachand Nayab Ka Rasta, Pitalion Ka
         Rasta, Choukari Vishveshwarji, Jaipur.
                                                                  ----Petitioners
                                    Versus
Narendra Kumar Sukhlecha Son Of Late Shri Dhanpat Singh Ji
Sukhlecha, Resident Of House No. 1410, Tarachand Nayab Ka
Rasta, Pitalion Ka Rasta, Choukari Vishveshwarji, Jaipur.
                                                                 ----Respondent

For Petitioner(s)         :     Mr. O.P. Mishra.
For Respondent(s)         :     Mr. Poonam Chand Shah.



            HON'BLE MR. JUSTICE INDERJEET SINGH

                                     Order

29/11/2021

1. Instant writ petition has been filed by the petitioners-tenants

against the judgment dated 02.09.2019 passed by the Appellate

Rent Tribunal, Jaipur in Appeal No.65/2018, whereby the appeal filed

by the petitioners-tenants against the judgment & decree of eviction

dated 13.03.2018 passed by the Rent Tribunal, Jaipur was dismissed

(2 of 3) [CW-8507/2020]

and the petitioners-tenants were directed to vacate the disputed

premises.

2. After arguing for some time, Mr. O.P. Mishra, learned counsel

for the petitioners-tenants, on instructions from his client, submits

that the petitioners-tenants shall vacate the disputed premises on or

before 31.08.2022.

3. Mr. Poonam Chand Shah, learned counsel appearing on behalf

of the respondent-landlord on instructions from his client agreed to

the proposal of the learned counsel for the petitioners-tenants.

4. In view of the consent of learned counsel for the parties, the

writ petition is disposed of with the following directions:-

(i) The petitioners-tenants shall be entitled to continue in

occupation of the disputed premises till 31.08.2022 with a condition

that he would hand over the vacant possession of the disputed

premises to the respondent-landlord on or before 31.08.2022.

(ii) The petitioners-tenants shall pay arrears of agreed rent, if any,

up to 30.11.2021 within a period of two months from today.

(iii) The petitioners-tenants 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 petitioners-tenants shall not alienate or otherwise create

third party right, or hand over possession of the disputed premises to

any other person.

(v) Further, the petitioners-tenants 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 petitioners-tenants 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

(3 of 3) [CW-8507/2020]

to the immediate execution of the judgment and possession

certificate dated 13.03.2018 and obtain possession of the disputed

premises forthwith in accordance with law.

(INDERJEET SINGH),J

MG/53

Powered by TCPDF (www.tcpdf.org)