Shyam Singh S/O Sh. Magru Singh vs Chandresh Sharma S/O Late Sh. ...
2022 Latest Caselaw 1669 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 1862/2022

Shyam Singh S/o Sh. Magru Singh, Aged About 63 Years, Shop/
House No. 121/33, Ajju Dentor Verma Sale Company, Shiv
Nagar, Topdara, Ajmer And R/o 506/33, Gulab Shah Ka Takiya,
Gurudwara Chowk, Topdara, Ajmer.
                                                                  ----Petitioner
                                   Versus
Chandresh Sharma S/o Late Sh. Virendra Kumar Sharma, Aged
About 31 Years, R/o 121/33, Opposite Verma Sale Company,
Shiv Nagar, Topdara, Ajmer.
                                                                ----Respondent

For Petitioner(s)        :     Mr. Neeraj K. Tiwari.
For Respondent(s)        :     Mr. Rahul Agarwal.



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

22/02/2022

1. Instant writ petition has been filed by the petitioner-tenant

against the judgment dated 04.08.2021 passed by the Appellate

Rent Tribunal, Ajmer First in Appeal No.26/2019 (CIS No.26/2019),

whereby the appeal filed by the petitioner-tenant against the

judgment & decree of eviction dated 16.03.2019 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. Neeraj K. Tiwari, learned

counsel for the petitioner-tenant, on instructions from his client,

submits that the petitioner-tenant shall vacate the disputed premises

on or before 28.02.2024.

(2 of 2) [CW-1862/2022]

3. Mr. Rahul Agarwal, 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 28.02.2024 with a condition that he

would hand over the vacant possession of the disputed premises to

the respondent-landlord on or before 28.02.2024.

(ii) The petitioner-tenant shall pay arrears of agreed rent, if any,

up to 28.02.2022 within a period of two months from today.

(iii) The petitioner-tenant shall pay rent to the respondent-landlord,

commencing from 1st March, 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 16.03.2019 and obtain possession of the disputed premises

forthwith in accordance with law.

(INDERJEET SINGH),J

Jyoti/32

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