Gopi Chand S/O Shri Hajari Mal vs Jairam Das S/O Shri Sunder Das
2022 Latest Caselaw 3157 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil Writ Petition No.1762/2022

Gopi Chand S/o Shri Hajari Mal, R/o Near Sunil Sweets, Kalawati
Paliwal Market, Gumnampura Main Market, Chhavani Road, Kota,
Rajasthan.
                                                                         ----Petitioner
                                        Versus
Jairam Das S/o Shri Sunder Das, R/o 48, Pratap Nagar,
Dadabari, Kota, Rajasthan.
                                                                     ----Respondent

For Petitioner(s) : Mr.Chandi Charan Ratnu, Adv. For Respondent(s) : Mr.Abhishek Pareek, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

19/04/2022

The present writ petition has been filed by the

petitioner-tenant challenging judgment dated 15.11.2021 passed

by the Appellate Rent Tribunal, Kota whereby the order dated

17.01.2018 passed by the Rent Tribunal, Kota was affirmed.

After arguing the matter for some time, learned counsel

for the petitioner-tenant- Mr.Chandi Charan Ratnu, on instructions,

submits that the petitioner-tenant shall vacate the shop in

question on or before 31st July, 2023.

Learned counsel appearing on behalf of the respondent-

landlord--Mr.Abhishek Pareek agreed to the proposal of learned

counsel for the petitioner-tenant and submits that in the event of

the judgment of the Appellate Rent Tribunal, Kota dated

15.11.2021 being upheld, the respondent-landlord would have no

objection if the petitioner-tenant continue in occupation of the

(2 of 3) [CW-1762/2022]

rented premises in question only till 31 st July, 2023 and in no

eventuality beyond the said date.

In view of the consent of learned counsel for the

parties, the present writ petition is being disposed of with the

following directions:-

(i) The petitioner-tenant shall be entitled to continue in

occupation of the rented premises in question (shop) till 31 st July,

2023 but not beyond that, subject to condition that he would

handover the peaceful and vacant possession of the premises in

question to the respondent-landlord on or before 31 st July, 2023.

(ii) The petitioner-tenant shall pay all the arrears of rent or

mesne profits, as per order dated 17.01.2018 within a period of

one month from today.

(iii) Commencing from 1st May, 2022, the petitioner-tenant

shall pay mesne profit to the respondent-landlord @ Rs.10,000/-

per month on or before 10th of each succeeding month.

(iv) The petitioner-tenant shall not alienate, part with, create

any third party right and hand over possession of the rented

premises in question to any other person.

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 the petitioner-tenant fails to submit such

undertaking, within thirty days from today, and/ or breaches any

of the conditions of this order, the respondent-landlord shall be

entitled to initiate execution proceeding, pursuant to judgment

and possession certificate dated 15.11.2021 and obtain possession

of the premises in issue forthwith, in accordance with law. The

(3 of 3) [CW-1762/2022]

breach of this order shall also make the petitioner-tenant liable to

be punished under the provisions of Contempt of Courts Act.

Accordingly, the present writ petition stands disposed

of.

(ASHOK KUMAR GAUR), J

Himanshu Soni/50

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