Smt. Rachna Agrawal W/O Sh. Arun ... vs Sh. Mitthan Lal Tank S/O Late Sh. ...
2021 Latest Caselaw 5576 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 9758/2021

Smt. Rachna Agrawal W/o Sh. Arun Agrawal, Aged About 57
Years, Resident Of 509 Kotda Residential Scheme, Opposite Of
Ramdev Babaji Temple, Ajmer
                                                                       ----Petitioner
                                       Versus
Sh. Mitthan Lal Tank S/o Late Sh. Radhakishan Ji Tailor, Aged
About 84 Years, Resident Of 107 G/45, Sant Ramdas Ki Gali,
Nrasinghpura, Ramnagar, Ajmer
                                                                     ----Respondent

For Petitioner(s)            :     Mr. Rinesh Gupta
                                   Mr. Anurag Pareek
For Respondent(s)            :     Mr. MC Taylor



                        JUSTICE DINESH MEHTA

                                        Order

04/10/2021

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

dated 11.05.2018, passed by the learned Rent Tribunal, Ajmer

(Additional Chief Judicial Magistrate Ajmer), 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 18.08.2021.

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

the extent of granting time to vacate the suit premises.

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

petition stands disposed of while granting time to the petitioner to

(2 of 3) [CW-9758/2021]

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.3,000/- 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

07.11.2021.

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

petitioner in the Trial Court by 18.10.2021.

4. 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

judgment passed by the Rent Tribunal forthwith, besides initiating

proceedings for contempt of court, in accordance with law.

5. No order as to costs.

(3 of 3) [CW-9758/2021]

6. The stay application also disposed of accordingly.

(DINESH MEHTA),J

RAHUL-305

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