Rajasthan High Court - Jodhpur
Navin vs Lrs Of Girdhari Lal on 5 August, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9350/2022
Navin S/o Pramod Ranjan Bengali, Aged About 41 Years, By
Caste Mathur, R/o Hathi Chowk, Nagaur Presently 2/249,
Rajasthan Housing Board, Tausar Road, Nagaur (Raj.).
----Petitioner
Versus
LR's of Girdhari Lal S/o Poonam Chand, By Caste Soni,
R/o Tigari Market, Nagaur (Raj.)
1/1. Shakuntala Soni W/o Late Girdhari Lal, By Caste Soni,
R/o Tigari Bazar, Nagaur (Raj.).
1/2. Rahel Soni S/o Late Girdhari Lal, By Caste Soni, R/o
Tigari Bazar, Nagaur (Raj.).
1/3. Sanjeev Soni S/o Late Girdhari Lal, By Caste Soni, R/o
Tigari Bazar, Nagaur (Raj.).
----Respondents
For Petitioner(s) : Mr. Rameshwar Dave
For Respondent(s) : Mr. O.P. Joshi
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
05/08/2022
The petitioner has preferred this writ petition being
aggrieved by the impugned judgment and decree dated
12.5.2022 passed by the Appellate Rent Tribunal, Merta in
Rent Appeal (Civil Appeal Decree) No.03/2018, whereby the
appeal of the petitioner has been dismissed and the judgment
dated 4.4.2018 passed by the Rent Tribunal, Nagaur has been
affirmed.
(2 of 4) [CW-9350/2022]
By the judgment dated 4.4.2018, the Rent Tribunal,
Nagaur has allowed the original application filed by the
respondents for eviction and recovery of rent against the
petitioner on the ground that the petitioner has acquired
suitable and adequate premises.
Learned counsel for the petitioner, upon instructions, has
submitted that the petitioner does not want to press this writ
petition on merits, however, prayed that reasonable time may
be granted to him to handover the vacant and peaceful
possession of the suit premises.
Learned counsel for the respondents has submitted that
he has no objection if reasonable time is given to the
petitioner to handover the vacant and peaceful possession of
the suit premises.
Learned counsel for the petitioner has submitted that
the petitioner is ready to pay the mesne profit of disputed
premises at the rate of Rs.6,000/- per month from August
2022 and is also ready to continue to pay mesne profit every
month by 15th day of the next succeeding month or in
advance to the respondents up till the vacant possession is
handed over to the respondents.
Accordingly, with the consent of learned counsel for both
the parties, the present writ petition is dismissed as not
pressed on merits with the following directions :-
(i) The petitioner shall submit an undertaking to the
effect that he shall handover the vacant and
(3 of 4) [CW-9350/2022]
peaceful possession of the suit premises in dispute
to the respondent-applicants on or before
31.08.2023 and shall not cause any damage to the
rent property and shall maintain the same as it is.
The respondents shall not execute the impugned
decree till 31.08.2023.
(ii) The petitioner shall pay the mesne profit of
Rs.6,000/- per month from August 2022 and
further continue to pay mesne profit every month
by 15th day of the next succeeding months or in
advance to the respondents up till the vacant
possession is handed over to the respondents. The
arrears of rent and mesne profit as determined by
the Tribunals below, if not already paid, shall also
be paid by the petitioner within a period of three
months from today and entire amount including the
amount already deposited on this account will be
disbursed to the respondents.
(iii) The petitioner shall further undertake that he will
not sublet, assign or part with the possession of the
suit premises or any part thereof in favour of
anyone else and would not create any third party
interest in the same during the aforesaid period
and if he does so, the same will be treated as void.
(iv) The petitioner shall furnish a written undertaking
incorporating the aforesaid conditions in the trial
Court by 31st August, 2022 and one copy thereof
along with affidavit in this Court.
(v) The respondents shall give the details of their bank
account number in which the arrears of rent or
mesne profit and regular mesne profit yet to be
paid, will be deposited within a period of three
months from today.
(4 of 4) [CW-9350/2022]
(vi) It is made clear, that in case, the petitioner does
not comply with any of the aforesaid conditions,
then it will be open for the respondents to get the
decree passed in their favour executed forthwith
even before the aforesaid date i.e. 31.08.2023 and
the respondents may also initiate contempt
proceedings in this Court against the petitioner.
No costs.
A copy of this judgment be sent to the learned court
below forthwith.
(VIJAY BISHNOI),J
53-msrathore/-
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