Ashok Kumar vs Laxmi Devi
2021 Latest Caselaw 16366 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14623/2021

Ashok Kumar S/o Shri Rameshwar Lal, Aged About 49 Years, Gali No. 7, Shivnagar, S.s.b. Road, Sriganganagar, Rental Address Shop No. 4, 4-3-40, Jawaharnagar, Sriganganagar (Raj.).

----Petitioner Versus Laxmi Devi W/o Shri Krishan Kumar Sharma, Aged About 58 Years, By Caste Brahmin, R/o House No. 4-3-40, Jawaharnagar, District Sriganganagar (Raj.).

----Respondent

For Petitioner(s) : Mr. Himmat Jagga For Respondent(s) : Mr. Tirupati Chandra

JUSTICE DINESH MEHTA

Order

27/10/2021

1. The present writ petition has been filed against the judgment

dated 15.01.2020, passed by the learned Rent Tribunal-cum- Civil

Judge (Senior Division, Hanumangarh, whereby the application

filed by the respondents 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 08.10.2021.

2. Learned counsel for the petitioner has limited his prayer to

the extent of granting time to vacate the suit premises. He prayed

for three years' time to vacate the premises.

3. Mr. Tirupati Chandra, learned counsel for the respondent,

opposed the grant of time to vacate the suit premises, citing that

the respondent is in dire need of the premises in question.

(2 of 3) [CW-14623/2021]

4. In view of the above, finding no ground to interfere, this writ

petition stands disposed of while granting time to the petitioner to

vacate the suit premises by 30.04.2023 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 30.04.2023, 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.2,000/- per

month from 01.11.2021 on or before 7 th day of each

month in the bank account to be provided by the

respondent to the petitioner, till the vacant possession

of the suit property is handed over i.e. by 30.04.2023.

First such payment shall be made on or before

07.12.2021.

(iii) The undertaking with the affidavit shall be filed by the

petitioner in the Trial Court by 18.11.2021.

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

certificate of possession issued by the Rent Tribunal forthwith,

(3 of 3) [CW-14623/2021]

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 321-Rahul/-

Powered by TCPDF (www.tcpdf.org)