Mahendra Kumar Saraswat vs Lrs Of Manoharlal
2022 Latest Caselaw 10715 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10795/2022

Mahendra Kumar Saraswat S/o Shri Shambhu Dutt Ji, Aged About 65 Years, R/o. Shastri Nagar, C/o Living In Style, Shop No. 7C, Deep Bhawan, Nai Sadak, Jodhpur.

----Petitioner Versus

1. LRs Of Manoharlal 1/1. Narendra @ Nandu S/o Late Shri Manoharlal Ji, Aged About 45 Years, R/o. Plot N. 7, Deep Bhawan, Behind Janta Sweet Home, Nai Sadak, Jodhpur.

1/2. Sanjeev S/o Late Shri Manoharlal Ji, Aged About 45 Years, R/o. Plot N. 7, Deep Bhawan, Behind Janta Sweet Home, Nai Sadak, Jodhpur.

                                                                   ----Respondents


For Petitioner(s)          :     Mr. Falgun Buch
For Respondent(s)          :     Mr. J. Gehlot

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

22/08/2022 The present writ petition has been filed against the judgment

dated 03.02.2018 passed by the Rent Tribunal, Jodhpur

(Annexure-7) as well as the judgment and decree dated

30.06.2022 passed by the learned Appellate Rent Tribunal,

Jodhpur (Annexure-15), whereby the judgment dated 03.02.2018

was confirmed.

By way of filing the present writ petition, the petitioner has

challenged the concurrent findings recorded by the learned courts

below, whereby the learned court below issued a direction to the

petitioner to vacate the rented premises and hand over the

peaceful possession of the same to the respondents.

Learned counsel for the petitioner under the instructions

without joining the issue on merit submits that a reasonable time

to vacate the suit premises may be granted to the petitioner.

(2 of 2) [CW-10795/2022]

The submission is not opposed by the learned counsel for the

respondents on the ground that the petitioner will pay the rent

due to the respondents within a period of three months from

today and will also hand over the vacant peaceful possession of

the rented premises on or before 31st December, 2023.

In view of the submissions made above, the present writ

petition is dismissed. The judgment dated 03.02.2018 passed by

the Rent Tribunal, Jodhpur (Annexure-7) as well as the judgment

and decree dated 30.06.2022 passed by the learned Appellate

Rent Tribunal, Jodhpur (Annexure-15) are affirmed and it is

directed that the petitioner shall handover the vacant peaceful

possession of the rented premises to the respondents on or before

31st December, 2023. The petitioner will also pay the rent due so

far in accordance with the judgments passed by the courts below

within a period of three months from today and will continue to

pay the rent till the vacant possession of the shop is handed over

to the respondents.

It is made clear that the observations made by the Rent

Tribunal and Appellate Rent Tribunal in their judgments

03.02.2018(Annexure-7) & 30.06.2022(Annexure-15) shall not

influence the proceedings pending before the civil court with

regard to the suit for specific performance preferred by the

petitioner.

(VINIT KUMAR MATHUR),J 47-Praveen/SunilS/-

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