Rajasthan High Court - Jodhpur
Jetha Devi vs Smt. Gulab on 6 December, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1683/2022
Jetha Devi W/o Shri Kishan Lal, Aged About 68 Years, Resident
Of Outside Sheetla Gate, Bikaner.
----Petitioner
Versus
Smt. Gulab W/o Late Mahboob Ali, Resident Of Inside Sheetla
Gate, Bikaner.
----Respondent
For Petitioner(s) : Mr. Manoj Bhandari, Sr. Advocate
assisted by Mr. Govind Suthar
For Respondent(s) : Ms. Madhu Khatri
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
06/12/2022
The petitioner has preferred this writ petition being
aggrieved with the impugned judgment and decree dated
20.9.2021 passed by the Rent Appellate Tribunal, Bikaner in
Rent Appeal No.62/2014, whereby the appeal of the
petitioner has been dismissed and the judgment dated
3.2.2014 passed by the Rent Tribunal, Bikaner has been
affirmed.
By the judgment dated 3.2.2014, the Rent Tribunal,
Bikaner has allowed the original application filed by the
(2 of 4) [CW-1683/2022]
respondent for eviction and recovery of rent against the
petitioner on the grounds that the petitioner has materially
altered the premises in question and has denied the title of
the landlord over the same.
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 her to handover the vacant and peaceful
possession of the suit premises.
Learned counsel for the respondent submits 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.5000/- 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 respondent up till the vacant possession is
handed over to her.
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 she shall handover the vacant and
peaceful possession of the suit premises in dispute
to the respondent on or before 30.6.2024 and shall
(3 of 4) [CW-1683/2022]
not cause any damage to the rent property and
shall maintain the same as it is. The respondent
shall not execute the impugned decree till
30.6.2024.
(ii) The petitioner shall pay the mesne profit of
Rs.5000/- 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 respondent 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 respondent.
(iii) The petitioner shall further undertake that she 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 she does so, the same will be treated as
void.
(iv) The petitioner shall furnish a written undertaking
incorporating the aforesaid conditions in the trial
(4 of 4) [CW-1683/2022]
Court by 31st December, 2022 and one copy thereof
along with affidavit in this Court.
(v) The respondent shall give the details of her 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.
(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 her favour executed forthwith
even before the aforesaid date i.e. 30.6.2024 and
the respondent 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
176-msrathore/-
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