Smt. Deepa Subin Wife Of Shri R. ... vs Smt. Kishan Pyari Wife Of Shri ...
2021 Latest Caselaw 5961 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 11362/2021

Smt. Deepa Subin Wife Of Shri R. Subinkumar, Aged About 45
Years, Resident Of 1-B-15, S.f.s. Talvandi, Kota, Rajasthan
Another Address C-25, Mahalaxmipuram, Baran Road, Kota
(Raj.)
                                                                   ----Petitioner
                                    Versus
Smt. Kishan Pyari Wife Of Shri Narendra Kumar Singh, Aged
About 59 Years, Resident Of House No. 3, Kalyani Marg,
Gumanpura, Kota (Raj.)
                                                                 ----Respondent

For Petitioner(s)         :     Mr. Rajvir Sharma.
For Respondent(s)         :     Mr. Naseemuddin Quzi.



           HON'BLE MR. JUSTICE INDERJEET SINGH

                                     Order

26/10/2021

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

against the judgment dated 21.09.2021 passed by the Appellate

Rent Tribunal, Kota in Appeal CIS No.15/2020, whereby the appeal

filed by the petitioner-tenant against the judgment & decree of

eviction dated 18.10.2019 passed by the Rent Tribunal, Kota was

dismissed and the petitioner-tenant was directed to vacate the

disputed premises.

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

counsel for the petitioner-tenant, on instructions from her client,

submits that the petitioner-tenant shall vacate the disputed premises

on or before 31.10.2023.

(2 of 2) [CW-11362/2021]

3. Mr. Naseemuddin Quzi, learned counsel appearing on behalf of

the respondent-landlord on instructions from her client agreed to the

proposal of the learned counsel for the petitioner-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 petitioner-tenant shall be entitled to continue in occupation

of the disputed premises till 31.10.2023 with a condition that she

would hand over the vacant possession of the disputed premises to

the respondent-landlord on or before 31.10.2023.

(ii) The petitioner-tenant shall pay arrears of agreed rent, if any,

up to 31.10.2021 within a period of three months from today.

(iii) The petitioner-tenant commencing from 1st November, 2021

shall pay to the respondent-landlord mesne profits @

Rs.60,000/- per month on or before 10th of each month.

(iv) The petitioner-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 petitioner-tenant shall submit an undertaking

incorporating the aforesaid conditions before the Rent Tribunal, Kota

within a period of thirty days, from the date of this order. In case of

petitioner-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 18.10.2019 and obtain possession of the disputed premises

forthwith in accordance with law.

(INDERJEET SINGH),J

MG/219

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