Hukum Chand S/O Chandrapal vs Lal Chand S/O Lala Ram
2021 Latest Caselaw 5521 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 5279/2021

Hukum Chand S/o Chandrapal, Aged About 59 Years, R/o Plot
No. 47, Krishna Nagar, Shankar Nagar, Near Puliya, Brahmpuri,
Jaipur. Commercial Add. - Plot No. 240, Krishna Nagar, Shankar
Nagar, Near Puliya, Brahampuri, Jaipur.
                                                                   ----Petitioner
                                    Versus
Lal Chand S/o Lala Ram, Aged About 56 Years, R/o Plot No. 240,
Krishna Nagar, Shankar Nagar, Near Puliya, Brahampuri, Jaipur
                                                                 ----Respondent

For Petitioner(s) : Mr. Faraz Hussain For Respondent(s) : Mr. Shyam Sunder Sharma

JUSTICE DINESH MEHTA

Order

01/10/2021

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

dated 21.05.2019, passed by the learned Rent Tribunal, Jaipur

Metropolitan, Jaipur, whereby the application filed by the

respondents under Sections 6 and 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 01.03.2021.

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

the extent of granting time to vacate the suit premises.

3. Mr. Sharma, learned counsel for the respondent, on

instructions, submits that the respondent has no objection, if the

petitioner is provided a period of 18 months from today to vacate

the suit premises.

(2 of 3) [CW-5279/2021]

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 31.12.2022 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 31.12.2022, 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 31.12.2022.

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 18.10.2021.

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-5279/2021]

judgment passed 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

RAHUL-101

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