Krishna Devi vs Ritu Gaur And Ors
2022 Latest Caselaw 5584 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4832/2015

Krishna Devi W/o Sh. Gurudayal, By Caste Khatri, R/o. Janak Niwas, 21, Sardul Colony, Bikaner.

----Petitioners Versus

1. Ritu Gaur D/o. Krishna Swaroop, By Caste Brahmin, R/o B-7 Shastri Nagar, Near Rawat Hospital, Bikaner.

2. Appellate Rent Tribunal, Bikaner.

3. Rent Tribunal, Bikaner

----Respondents

For Petitioner(s) : Mr. V. D. Vaishnav For Respondent(s) : Mr. Manoj Bhandari, Sr. Advocate assisted by Mr. Govind Suthar

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

18/04/2022 With the consent of the learned counsel for the parties, the writ petition is being heard and decided finally at this stage.

The present writ petition has been filed with the following prayers:-

"It is therefore most humbly prayed that the present writ petition of the petitioner may kindly be allowed and further:-

(a) the judgment & decree dated 24.03.2015 (Annex.-7) passed by Learned Appellate Rent Tribunal, Bikaner in Civil Appeal No. 87/2013 [Ritu Gaur Vs. Krishna Devi] may kindly be quashed and set aside;

(b) The original application filed by the applicant may kindly be allowed and the judgment and decree dated 17.04.2013 (Annex.-6) passed by the learned Rent Tribunal in the Civil Original case No. 83/2011 [Krishna Devi & Ritu Gaur] may kindly be confirmed.

(2 of 2) [CW-4832/2015]

(c) Any other appropriate relief, which this Hon'ble Court deems fit and proper in present case may kindly be passed in favour of the appellants." The present writ petition has been filed against the order dated 24.03.2015 passed by the Appellate Rent Tribunal, Bikaner, whereby, the order dated 17.04.2013 passed by the Rent Tribunal, Bikaner was reversed.

Learned counsel for the respondents, without joining the issue on merit, vehemently submitted that if a period of two years and six months is granted to the respondents, he is ready to handover the peaceful possession of the rented premises.

Learned counsel for the petitioner vehemently opposed the submissions made by the counsel for the respondents and submits that a period of one year to vacate the rented premises is sufficient as the rented accommodation is a residential house.

I have considered the submissions made at the Bar. This Court is of the view that the ends of justice will be met if the respondent-tenant is granted two years' time to handover the vacant and peaceful possession of the rented premises to the petitioner.

In these circumstances, the order of the Appellate Rent Tribunal dated 24.03.2015 is quashed and set aside and the order dated 17.04.2013 passed by the Rent Tribunal, Bikaner is affirmed and it is directed to the respondent-tenant to handover the vacant and peaceful possession of the rented premises to the petitioner on or before 18.04.2024. The petitioner will be entitled to the mesne profit as directed by the Rent Tribunal.

The writ petition accordingly, stands disposed of.

(VINIT KUMAR MATHUR),J 94-Shahenshah/-

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