Rajasthan High Court - Jodhpur
Suresh Departmental Store ... vs Lrs Of Mirchumal Israni on 5 December, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15992/2022
Suresh Departmental Store (Electronics) Private Limited, 9Th 'c'
Road, Sardarpura, Jodhpur, Rajasthan, Through Its Director Smt.
Pushpa Israni W/o Late Shri Vasudev Israni, Aged 59 Years, B/c
Sindhi Lohana, R/o 9Th C Road, Sardarpura, Jodhpur.
----Petitioner
Versus
1. Lrs Of Mirchumal Israni, S/o Nihal Chand, B/c Sindhi
Lohana
2. Manoj S/o Late Mirchumal Israni, B/c Sindhi Lohana, R/o
459, 9Th 'c' Road, Sardarpura, Jodhpur (Rajasthan)
3. Suresh S/o Late Mirchumal Israni, B/c Sindhi Lohana, R/o
459, 9Th 'c' Road, Sardarpura, Jodhpur (Rajasthan)
----Respondents
For Petitioner(s) : Mr. Bheem Kant Vyas
For Respondent(s) : Mr. R. K. Thanvi, Sr. Advocate
assisted by Mr. Narendra Thanvi
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
05/12/2022
The petitioner has preferred this writ petition being
aggrieved with the impugned judgment and decree dated
15.09.2022 passed by the Rent Appellate Tribunal, Jodhpur
Metropolitan, Jodhpur in Rent Appeal No.05/2022, whereby
the appeal of the petitioner has been dismissed and the
judgment dated 10.12.2021 passed by the Rent Tribunal,
Jodhpur Metropolitan has been affirmed.
By the judgment dated 10.12.2021, the Rent Tribunal,
Jodhpur Metropolitan has allowed the original application filed
by the respondents for eviction and recovery of rent against
(2 of 4) [CW-15992/2022]
the petitioner on the ground of reasonable and bonafide
necessity.
Learned counsel for the petitioner, upon instructions, has
submitted that the petitioner does not want to press this writ
petition on merits, however, prays that reasonable time may
be granted to him to handover the vacant and peaceful
possession of the suit premises.
Learned counsel for the respondents submit that they
have 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.15,000/- per month from January
2023 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 them.
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
peaceful possession of the suit premises in dispute
to the respondent on or before 30.06.2024 and
shall not cause any damage to the rent property
and shall maintain the same as it is. The
(3 of 4) [CW-15992/2022]
respondent shall not execute the impugned decree
till 30.06.2024.
(ii) The petitioner shall pay the mesne profit of
Rs.15,000/- per month from January 2023 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 respondent. 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 December, 2022 and one copy thereof
along with affidavit in this Court.
(v) The respondents shall give the details of their bank
accounts number in which the arrears of rent or
(4 of 4) [CW-15992/2022]
mesne profit and regular mesne profit yet to be
paid, will be deposited within a period of three
months from today.
(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 respondent to get the
decree passed in their favour executed forthwith
even before the aforesaid date i.e. 30.06.2024 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
103-Arun/-
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