Bharat Sanchar Nigam Limited vs Birdhi Chand Meena S/O Sh. Ram ...
2021 Latest Caselaw 5960 Raj/2

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

            S.B. Civil Writ Petition No. 9857/2021

1.   Bharat Sanchar Nigam Limited, Through Its General
     Manager, Telecommunication, District Jaipur, Office At
     Mirza Ismail Road, Jaipur.
2.   Deputy General Manager (Planning), Bharat Sanchar
     Nigam Limited, Office At Administrative Building, First
     Floor, Lal-Kothi, Jaipur.
3.   Assistant General Manager (Planning), Bharat Sanchar
     Nigam Limited, Office At Administrative Building, First
     Floor, Lalkothi, Jaipur.
4.   Regional Manager (West), Bharat Sanchar Nigam Limited,
     Office At Vidhyadhar Nagar, Jaipur.
5.   Sub Divisional Officer, Bharat Sanchar Nigam Limited,
     Office At Plot No. 77-1-F Scheme, Shri Ram Nagar,
     Kaalwaar Road, Jhotwara-12, Jaipur. (Entire Premises Of
     First Floor).
                                                          ----Tenant-Petitioners
                                    Versus
1.   Birdhi Chand Meena S/o Sh. Ram Sahai Meena, R/o Plot
     No. 78-1-F Scheme, Shri Ram Nagar, Kaalwaar Road,
     Jhotwara, Jaipur. (Since Deceased During Application)
2.   Smt. Gulab Devi W/o Late Sh. Birdhi Chand Meena,
     Resident Of Plot No. 78-1-F Scheme, Shri Ram Nagar,
     Kaalwaar Road, Jhotwara, Jaipur.
3.   Dr. Bheem Chand Meena S/o Late Sh. Birdhi Chand
     Meena, Resident Of Plot No. 78-1-F Scheme, Shri Ram
     Nagar, Kaalwaar Road, Jhotwara, Jaipur.
4.   Bal Chand Meena S/o Late Sh. Birdhi Chand Meena,
     Resident Of Plot No. 78-1-F Scheme, Shri Ram Nagar,
     Kaalwaar Road, Jhotwara, Jaipur.
5.   Smt. Medha Kumari W/o Sh. Ramesh Chand Meena D/o
     Late Sh. Birdhi Chand Meena, R/o Plot No. 14, Durgesh
     Nagar, Chak Gator, Jagatpura, F-Scheme, Sri Ram Nagar,
     Kalwaar Road, Jhotwara, Jaipur.
                                                   ----Landlord- Respondents

                                              (2 of 3)                    [CW-9857/2021]



For Petitioner(s)            :     Mr. Jitendra Sharma.
For Respondent(s)            :     Mr. Parag Rastogi.



              HON'BLE MR. JUSTICE INDERJEET SINGH

                                        Order

26/10/2021

1. Instant writ petition has been filed by the petitioners-tenant

against the judgment dated 06.03.2021 passed by the Appellate

Rent Tribunal, Jaipur Metro-I, Jaipur in Appeal No.25/2020, whereby

the appeal filed by the petitioners-tenant against the judgment &

decree of eviction dated 27.09.2019 passed by the Rent Tribunal,

Jaipur was dismissed and the petitioners-tenant were directed to

vacate the disputed premises.

2. After arguing for some time, Mr. Jitendra Sharma, learned

counsel for the petitioners-tenant, on instructions from their client,

submits that the petitioners-tenant shall vacate the disputed

premises on or before 31.10.2022.

3. Mr. Parag Rastogi, learned counsel appearing on behalf of the

respondents-landlord on instructions from their 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 31.10.2022 with a condition

that they would hand over the vacant possession of the disputed

premises to the respondents-landlord on or before 31.10.2022.

(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.

(3 of 3) [CW-9857/2021]

(iii) The petitioners-tenant shall pay rent to the respondents-

landlord, commencing from 1st November, 2021, as per order of the

Rent Tribunal 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.

(v) Further, the petitioners-tenant shall submit an undertaking

incorporating the aforesaid conditions before the Rent Tribunal,

Jaipur 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 27.09.2019 and obtain possession of the disputed

premises forthwith in accordance with law.

(INDERJEET SINGH),J

MG/182

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