Bhilwara Kriya Vikray Sahkari ... vs Nirmal
2022 Latest Caselaw 10750 Raj

(1 of 2) [CW-11346/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11346/2022

Bhilwara Kriya Vikray Sahkari Samiti Ltd, Bhilwara Thourhg Its Vyavsthapak, Bhilwara Kriya Vikray Sahkari Samiti Ltd. Sewa Sadan Road, Bhilwara.

----Petitioner Versus

1. Nirmal S/o Shri Madhavlal Soni,

2. Pawan S/o Madhavlal Soni, all are Resident Of At Present Amaliyon Ki Bari, Bhilwara.

----Respondents

For Petitioner(s) : Mr. Mrigraj Singh Rathore For Respondent(s) : Mr. Ravi Bhansali, Sr. Advocate Mr. Dhanesh Sarswat

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

23/08/2022

The present writ petition has been filed against the judgment

dated 02.02.2018 passed by Rent Tribunal, Bhilwara in Rent Case

No. 03/2014 (Nirmal Soni Vs. Bhilwara Kriya Vikray Samiti Sahkari

Samiti Bhilwara) and the judgment dated 06.05.2022 passed by

Rent Appellate Tribunal (District Judge) Bhilwara Rajasthan in Civil

Appeal No. 27/2018 whereby, the judgment dated 02.02.2018 was

affirmed.

The petitioner is the tenant of shop which belongs to the

respondents and on an application being preferred by the

respondents for eviction of the shop in question, the Rent Tribunal,

Bhilwara allowed the same and a direction was issued to the

petitioner to vacate the shop in question and hand over the

peaceful possession of the same to the respondents. On appeal

(2 of 2) [CW-11346/2022]

being preferred by the petitioner, the Rent Appellate Tribunal,

Bhilwara rejected the appeal of the petitioner and maintained the

judgment dated 02.02.2018 passed by the Rent Tribunal.

Learned counsel for the petitioner without joining the issues

on merit submits that since the shop was used by the Bhilwara

Kriya Vikray Sahkari Samiti serving the cause of general public of

Bhilwara, therefore, a period of six months may be granted for

vacating the shop and handing over the peaceful possession of the

same to the respondents.

The submissions made by the learned counsel for the

petitioner is not opposed by the learned Senior Counsel appearing

for the respondents.

In view of the submissions made above, the present writ

petition is dismissed and the judgment dated 02.02.2018 passed

by Rent Tribunal, Bhilwara in Rent Case No. 03/2014 (Nirmal Soni

Vs. Bhilwara Kriya Vikray Samiti Sahkari Samiti Bhilwara) and the

judgment dated 06.05.2022 passed by Rent Appellate Tribunal

(District Judge) Bhilwara Rajasthan in Civil Appeal No. 27/2018

are affirmed. The petitioner is directed to vacate the shop in

question and hand over the peaceful possession of the same to

the respondents on or before 15.03.2023. It is also directed to

the petitioner to pay the arrears of rent due to the respondents

within a period of three months from today, if not already paid and

will continue to pay the monthly rent till the vacant and peaceful

possession of the shop is handed over to the respondents.

(VINIT KUMAR MATHUR),J

21-payal/-

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