Abaas Ali Son Of Ramzan Quereshi vs Smt. Kusum Devi Kedia W/O Om ...
2021 Latest Caselaw 6035 Raj/2

                                         (1 of 2)                 [CW-3442/2021]


       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 3442/2021

Abaas Ali Son Of Ramzan Quereshi, Aged About 58 Years,
Resident Of C/o Decent Tailor, Kedia Super Market, First Floor,
Opp Roadways Bus Stand, Dist. Jhunjhunu, Rajasthan.
                                                                  ----Petitioner
                                   Versus
Smt. Kusum Devi Kedia W/o Om Prakash Kedia, Aged About 54
Years, Resident Of Gudri Bazar, Jhunjhunu, Tehsil And District
Jhunjhunu, Rajasthan
                                                                ----Respondent

For Petitioner(s)        :     Ms. Aradhana Swami.
For Respondent(s)        :     Mr. A.S. Shekhawat.



           HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

27/10/2021

1. The instant writ petition has been filed by the petitioner against

the order dated 21.01.2021 passed by the Appellate Rent Tribunal,

Jhunjhunu in Appeal No.50/2019 (CIS No.04/2019), whereby the

appeal filed by the petitioner against the judgment dated 26.03.2019

passed by the Rent Tribunal, Jhunjhunu was dismissed and the

petitioner was directed to vacate the shop in question.

2. After arguing for some time, Ms. Aradhana Swami, learned

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

submits that the petitioner-tenant shall vacate the shop in question

on or before 31.10.2023.

3. Mr. Arun Singh Shekhawat, learned counsel appearing on behalf

of the respondent-landlord on instructions from his client agreed to

the proposal of the learned counsel for the petitioner-tenant.

(2 of 2) [CW-3442/2021]

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 shop in question till 31.10.2023 with a condition that he would

hand over the vacant possession of the shop in question to the

respondent-landlord on or before 31.10.2013.

(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 September, 2021

shall pay to the respondent-landlord mesne profits @

Rs.3,000/- 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 shop in question to

any other person.

5. Further, the petitioner-tenant shall submit an undertaking

incorporating the aforesaid conditions before the Rent Tribunal,

Jhunjhunu 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 26.03.2019 and obtain possession of the

shop in question forthwith in accordance with law.

6. The writ petition stands disposed of.

(INDERJEET SINGH),J

Jyoti/269

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