Rajasthan High Court - Jodhpur
Rajveer Singh vs Rajpal on 21 October, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13899/2021
Rajveer Singh S/o Shri Kesuram, Aged About 34 Years, Badhu
Medical Store, Ward No. 18 New , Opposite Pwd Rest House,
Suratgarh, District Sri Ganganagar.
----Petitioner
Versus
Rajpal S/o Shri Ramrakh, By Caste Jat, R/o Ward No. 18,
Suratgarh, District Shri Ganganagar.
----Respondent
For Petitioner(s) : Mr. Ram Kumar Bohra
For Respondent(s) : Mr. Ashwini Kumar Babel
JUSTICE DINESH MEHTA
Order
21/10/2021
1. The present writ petition has been filed against the judgment
dated 31.01.2020, passed by the learned Rent Tribunal,
Suratgarh, District Shri Ganganagar whereby the application filed
by the respondent under Section 9 of the Rent Control Act has
been allowed and the appeal preferred thereagainst by the
petitioner, has been dismissed by the Rent Appellate Tribunal vide
judgment dated 24.09.2021.
2. Learned counsel for the petitioner has limited his prayer to
the extent of granting time to vacate the suit premises.
3. Mr. Ashwini Kumar Babel, learned counsel for the respondent
submits that the respondent himself is running his business in
rented premises and thus, no time be allowed to the petitioner to
vacate the suit premises.
(2 of 3) [CW-13899/2021]
4. Having regard to the facts obtaining, finding no ground to
interfere, this writ petition stands disposed of while granting time
to the petitioner to vacate the suit premises by 31.03.2023 on the
following conditions:-
(i) The petitioner shall personally submit an undertaking
supported by his affidavit before the Trial Court to the
effect that on or before 31.03.2023, he shall hand over
peaceful and vacant possession of the suit premises to
the respondent. He shall also undertake not to cause
any damage to the suit premises nor to make any
alteration and not to assign, sublet or in any manner
part with possession to any other person and not to put
the premises to any use other than the present use and
not to cause any nuisance.
(ii) The petitioner shall pay mesne profit of Rs.5,000/- per
month from 01.11.2021 on or before 7 th day of each
month in the bank account No.05422010040870, IFSC
Code- PUNB0054210, Punjab National Bank, Branch,
Suratgarh, District Sriganganagar in the name of
respondent-Rajpal, till the vacant possession of the suit
property is handed over i.e. by 31.03.2023. First such
payment shall be made on or before 07.11.2021.
(iii) The undertaking with the affidavit shall be filed by the
petitioner in the Trial Court by 01.11.2021.
5. It is made clear that upon petitioner's failure to comply with
any of the conditions aforesaid or violating any terms of the
undertaking, the respondent shall be entitled to execute the
(3 of 3) [CW-13899/2021]
certificate of possession issued by the Rent Tribunal forthwith,
besides initiating proceedings for contempt of court, in accordance
with law.
6. No order as to costs.
7. The stay application also disposed of accordingly.
(DINESH MEHTA),J
68-skm/-
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