Shri Kamal Kumar Son Of Shri ... vs Shri Prakash Sahu Son Of Shri ...
2021 Latest Caselaw 6167 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 11841/2021

Shri Kamal Kumar Son Of Shri Sunderdas, Resident Of Koti
Chowk Beawer Right Now Business At Near Maheswari Bhawan,
Inside Chand Gate, Beawer, Dist. Ajmer (Raj)
                                                                   ----Petitioner
                                    Versus
Shri Prakash Sahu Son Of Shri Bhawarlal Sahu, Resident Of Koti
Chowk Beawer Near Maheswari Bhawan, Inside Chand Gate,
Beawer Right Now Resident Of Near St. Paul School, Ramnagar
Colony-2, Beawer Dist. Ajmer (Raj.)
                                                                 ----Respondent

For Petitioner(s)         :     Mr. Saurabh Bhandari.
For Respondent(s)         :     Mr. G.P. Sharma.



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                     Order

29/10/2021

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

against the judgment dated 13.09.2021 passed by the Appellate

Rent Tribunal, Ajmer in Appeal No.90/2018, whereby the appeal filed

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

dated 28.08.2018 passed by the Rent Tribunal, Beawer District Ajmer

was dismissed and the petitioner-tenant was directed to vacate the

disputed premises.

2. After arguing for some time, Mr. Saurabh Bhandari, learned

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

submits that the petitioner-tenant shall vacate the disputed premises

on or before 30.04.2022.

(2 of 2) [CW-11841/2021]

3. Mr. G.P. Sharma, 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 30.04.2022 with a condition that he

would hand over the vacant possession of the disputed premises to

the respondent-landlord on or before 30.04.2022.

(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,

Beawer District Ajmer 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 28.08.2018 and obtain possession of the

disputed premises forthwith in accordance with law.

(INDERJEET SINGH),J

MG/168

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