Rajasthan High Court
Ramu Sen S/O Late Shri Ramcharan ... vs Innani Charitable Trust on 2 February, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1599/2022
Ramu Sen S/o Late Shri Ramcharan Sen, R/o House No. 12/183,
Hathi Bhata, Ajmer.
----Petitioner
Versus
Innani Charitable Trust, Prithviraj Marg Ajmer Through Its
Manager Ramprasad Ojha S/o Jeetmal Ojha, Aged About 65
Years, Power Of Attorney Venu Gopal Innani Managing Trustee,
Innani Charitable Trust, Prithviraj Marg, Ajmer.
----Respondent
For Petitioner(s) : Mr. Reashm Bhargava, through VC.
For Respondent(s) : Mr. Deepak Khandelwal, through VC.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
02/02/2022
1. Instant writ petition has been filed by the petitioner-tenant
against the judgment dated 01.10.2021 passed by the Appellate
Rent Tribunal, Ajmer in Appeal No.10/2020, whereby the appeal filed
by the petitioner-tenant against the judgment & decree of eviction
dated 07.12.2019 passed by the Rent Tribunal, Ajmer was dismissed
and the petitioner-tenant was directed to vacate the disputed
premises.
2. After arguing for some time, Mr. Reashm Bhargava, learned
counsel for the petitioner-tenant, on instructions from his client,
submits that the petitioner-tenant shall vacate the disputed premises
on or before 28.02.2023.
(2 of 2) [CW-1599/2022]
3. Mr. Deepak Khandelwal, learned counsel appearing on behalf of
the respondent-landlord on instructions from his client agreed to the
proposal of the learned counsel for the petitioner-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 petitioner-tenant shall be entitled to continue in occupation
of the disputed premises till 28.02.2023 with a condition that he
would hand over the vacant possession of the disputed premises to
the respondent-landlord on or before 28.02.2023.
(ii) The petitioner-tenant shall pay arrears of agreed rent, if any,
up to 31.01.2022 within a period of two months from today.
(iii) The petitioner-tenant shall pay rent to the respondent-landlord,
commencing from 1st February, 2022, as per order of the Rent
Tribunal on or before 10th of each month.
(iv) The petitioner-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 petitioner-tenant shall submit an undertaking
incorporating the aforesaid conditions before the Rent Tribunal,
Ajmer within a period of thirty days, from the date of this order. In
case petitioner-tenant fails 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 respondent-landlord shall be entitled to
the immediate execution of the judgment and possession certificate
dated 07.12.2019 and obtain possession of the disputed premises
forthwith in accordance with law.
(INDERJEET SINGH),J
MG/64
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