Rampal Son Of Raghunath vs Sharad Modi Son Of Tansen
2022 Latest Caselaw 1708 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 13271/2021

Rampal Son Of Raghunath, Proprietor - Raj Bag, Ladpura, Kota
(Raj.)
                                                                  ----Petitioner
                                   Versus
Sharad Modi Son Of Tansen, Resident Of Surya Medical Ke
Samne, Ladpura, Kota (Raj).
                                                                ----Respondent

For Petitioner(s)        :     Mr. Naseemuddin Qazi.
For Respondent(s)        :     Mr. Shivraj Chauhan.



            HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

23/02/2022

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

against the judgment dated 05.10.2021 passed by the Appellate

Rent Tribunal, Kota in Appeal No.18/2018, whereby the appeal filed

by the petitioner-tenant against the judgment & decree of eviction

dated 19.12.2017 passed by the Rent Tribunal, Kota was dismissed

and the petitioner-tenant was directed to vacate the disputed

premises.

2. After arguing for some time, Mr. Naseemuddin Qazi, 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.

3. Mr. Shivraj Chauhan, 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.

(2 of 2) [CW-13271/2021]

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, Kota

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 19.12.2017 and obtain possession of the disputed premises

forthwith in accordance with law.

(INDERJEET SINGH),J

Jyoti/169

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