Rajasthan High Court
Latif Khan vs Shri Madan Lal And Ors on 5 December, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3034/2005
Latif Khan son of Chuttan Khan, By Caste Musalman, Resident of
Godam Ki Talia, Near Topkhana, Jalawar (Deceased) Now
represented by his legal representatives:-
1/1. Ramjan S/o. Late Shri Latif Khan
1/2. Alhamdi Bi W/o. Late Shri Latif Khan
1/3. Kallubai S/o Late Shri Latif Khan
1/4. Salimbhai S/o Late Shri Latif Khan
1/5. Halifbhai S/o Late Shri Latif Khan
1/6. Ballo Bai D/o Late Latif Khan,
W/o Shri Peer Khan,
All residents of Jhalawar, District Jhalawar (Raj.)
----Petitioner-Non-Applicant
Versus
1. Shri Madan Lal Son of Shri Moti Lal, By Caste Moti Teli, Murti
Chauraha Ke Pass, Jhalawar (Raj.)
1/1. Shri Shiv Prakash S/o Late Shri Madan Lal
1/2. Shri Sagar S/o Late Teli, Pre-deceased Son of Late Shri
Madan Lal,
All R/o Murti Chauraha Ke Pass, Jhalawar.
1/3. Smt. Saraswati D/o Late Shri Madan Lal, Wife of Shri
Radhey Shyam Rathore, Resident of Mangalpura, District
Jhalawar.
...Non-Petitioner/Applicant
2. The Appellate Rent Tribunal (District Judge), Jhalawar.
3. The Rent Tribunal (Chief Judicial Magistrate), Jhalawar.
...Proforma-Non-Petitioners
For Petitioner(s) : Mr. Ajit Maloo.
For Respondent(s) : Mr. Shailesh Prakash Sharma.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
05/12/2022
1. Instant writ petition has been filed by the tenant against the
judgment dated 01.04.2005 passed by the Appellate Rent Tribunal
(2 of 3) [CW-3034/2005]
(District Judge) Jhalawar in Appeal No.60/2004, whereby the appeal
filed by the tenant against the judgment & decree of eviction dated
26.08.2004 passed by the Rent Tribunal (Chief Judicial Magistrate)
Jhalawar was dismissed and the tenant was directed to vacate the
disputed premises.
2. After arguing for some time, Mr. Ajit Maloo, learned counsel for
the petitioner-tenant, on instructions from their client, submits that
the tenant shall vacate the disputed premises on or before
31.12.2023.
3. Mr. Shailesh Prakash Sharma, learned counsel appearing on
behalf of the landlord on instructions from their client agreed to the
proposal of the learned counsel for the tenant.
4. In view of the consent of learned counsel for the parties, the
writ petition is disposed of with the following directions:-
(i) The tenant shall be entitled to continue in occupation of the
disputed premises till 31.12.2023 with a condition that they would
hand over the vacant possession of the disputed premises to the
landlord on or before 31.12.2023.
(ii) The tenant shall pay arrears of agreed rent, if any, up to
30.12.2022 within a period of two months from today.
(iii) The tenant shall pay monthly rent to the landlord, commencing
from 1st January, 2023, as per order of the Rent Tribunal on or before
10th of each month.
(iv) tenant shall not alienate or otherwise create third party right,
or hand over possession of the disputed premises to any other
person.
(v) Further, the tenant shall submit an undertaking incorporating
the aforesaid conditions before the Rent Tribunal, Jhalawar within a
period of thirty days, from the date of this order. In case tenant fails
(3 of 3) [CW-3034/2005]
to submit the undertaking as directed by this court within a period of
thirty days from today, or breaches the conditions of this order, the
landlord shall be entitled to the immediate execution of the judgment
and possession certificate dated 26.08.2004 and obtain possession of
the disputed premises forthwith in accordance with law.
(INDERJEET SINGH),J
JYOTI /32
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