Rajasthan High Court
Gajanand Singhal S/O Shri ... vs Vishambhar Dayal Gothwal S/O Late ... on 26 October, 2021
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12092/2021
1. Gajanand Singhal S/o Shri Radheyshyam Ji Singhal, Aged
About 59 Years, R/o Plot No. A-19, Khetri House,
Chandpole Bazar, Jaipur.
2. Smt. Chandra Kanta Singhal Wife Of Shri Gajanand
Singhal, Aged About 55 Years, R/o A-19, Khetri House,
Chandpole Bazar, Jaipur.
3. Shyam Sunder Agarwal S/o Late Shri Jagdish Prasad,
Aged About 57 Years, R/o Plot No. D-5, Dwarkapuri Path,
Sanjay Colony, Nehru Nagar, Near Police Lines, Jaipur.
4. Dinesh Agarwal S/o Late Shri Jagdish Prasad, Aged About
57 Years, Resident Of C/o Smt. Sarita Sharma, Flat No.
204, Shrinath Tower A-7, Central Spine, Vidhyadhar
Nagar, Jaipur.
5. Subhash S/o Late Shri Jagdish Prasad, Aged About 53
Years, R/o Plot No. 19, Bees Dukan, Near M.k.b. Women
B.ed. Collage, Nehru Nagar, Panipech, Jaipur.
6. Smt. Vimla Wife Of Shri Jagdish Prasad, Aged About 54
Years, R/o Plot No. M-3A, Dwarkapuri, Sanjay Colony,
Nehru Nagar, Near Polices Lines, Jaipur
----Petitioners
Versus
Vishambhar Dayal Gothwal S/o Late Shri Hari Kishan Sharma,
Aged About 71 Years, R/o Plot No. S-8B Kabir Marg, Banipark,
Jaipur.
----Respondent
For Petitioner(s) : Mr. Ankul Gupta.
For Respondent(s) : Mr. Rajat Ranjan.
Mr. Rohan Agarwal.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
26/10/2021
(2 of 3) [CW-12092/2021]
1. Instant writ petition has been filed by the petitioners-tenant
against the judgment dated 23.09.2021 passed by the Appellate
Rent Tribunal, Jaipur Metropolitan-I in Appeal No.196/2019, whereby
the appeal filed by the petitioners-tenant against the judgment &
decree of eviction dated 31.08.2019 passed by the Rent Tribunal,
Jaipur Metropolitan, Jaipur was dismissed and the petitioners-tenant
were directed to vacate the disputed premises.
2. After arguing for some time, Mr. Ankul Gupta, learned counsel
for the petitioners-tenant, on instructions from their client, submits
that the petitioners-tenant shall vacate the disputed premises on or
before 31.10.2023.
3. Mr. Rajat Ranjan, 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-tenant.
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-tenant shall be entitled to continue in
occupation of the disputed premises till 31.10.2023 with a condition
that they would hand over the vacant possession of the disputed
premises to the respondent-landlord on or before 31.10.2023.
(ii) The petitioners-tenant shall pay arrears of agreed rent, if any,
up to 31.10.2021 within a period of two months from today.
(iii) The petitioner-tenant commencing from 1st November, 2021
shall pay to the respondent-landlord mesne profits @
Rs.3,000/- per month on or before 10th of each month.
(iv) The petitioners-tenant shall not alienate or otherwise create
third party right, or hand over possession of the disputed premises to
any other person.
(3 of 3) [CW-12092/2021]
(v) Further, the petitioners-tenant shall submit an undertaking
incorporating the aforesaid conditions before the Rent Tribunal,
Jaipur Metropolitan within a period of thirty days, from the date of
this order. In case of petitioners-tenant 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 to the immediate execution of the judgment
and possession certificate dated 31.08.2019 and obtain possession of
the disputed premises forthwith in accordance with law.
(INDERJEET SINGH),J
MG/249
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