Rajasthan High Court
Jambu Kumar Jain Son Of Prakash ... vs Mohan Lal Singhal Son Of Ramgopal ... on 28 October, 2021
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12222/2021
Jambu Kumar Jain Son Of Prakash Chand, C/o Ajay Masala,
House No. 12/136, Keshavkunj, Agrasen Bazar, Rampura, Kota
(Raj.)
----Petitioner
Versus
Mohan Lal Singhal Son Of Ramgopal Singh, Aged About 77
Years, Resident Of House No. 12/136, Keshavkunj, Agrasen
Bazar, Rampura, Kota (Raj.)
----Respondent
For Petitioner(s) : Mr. Alok Chaturvedi.
For Respondent(s) : Mr. Abhishek Pareek.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
28/10/2021
1. Instant writ petition has been filed by the petitioner-tenant
against the judgment dated 14.09.2021 passed by the Appellate
Rent Tribunal, Kota in Appeal No.19/2020, whereby the appeal filed
by the petitioner-tenant against the judgment & decree of eviction
dated 24.01.2020 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. Alok Chaturvedi, learned
counsel for the petitioner-tenant, on instructions from his client,
submits that the petitioner-tenant shall vacate the disputed premises
on or before 31.10.2023.
(2 of 2) [CW-12222/2021]
3. Mr. Abhishek Pareek, 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.
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 he
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 two months from today.
(iii) The petitioner-tenant shall pay rent to the respondent-landlord,
commencing from 1st November, 2021, as per order of the Rent
Tribunal 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 24.01.2020 and obtain possession of the disputed premises
forthwith in accordance with law.
(INDERJEET SINGH),J
MG/143
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