Smt. Sheela Kalra W/O Sh. ... vs Sh. Pushkarnarayan Trivedi S/O ...
2022 Latest Caselaw 1823 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 13434/2021

1.     Smt. Sheela Kalra W/o Sh. Bishandas Kalra (Deceased),
       Resident Of Manni Ka Bad Present Address Jatti Ki Bagichi
       Alwar (Raj.)
2.     Sh. Anil Kumar Kalra S/o Bishandas Kalra, Resident Of
       Manni Ka Bad Present Address Jatti Ki Bagichi Alwar
       (Raj.)
                                                                    ----Petitioners
                                    Versus
1.     Sh.   Pushkarnarayan            Trivedi      S/o     Lalta    Prasad,   R/o
       Roopnarayan Ji Ki Haveli, Manni Ka Bad Alwar (Raj.)
2.     Smt. Krishna Mishra D/o Lalta Prasad W/o Ramprakash
       Mishra, Present R/o 52, Vidhya Niketan, Natwar Nagar,
       Dholi Pyau, Mathura (U.p.) (Deceased)
3.     Monika Gaur D/o Ramprakas Mishra, R/o 52, Vidhya
       Niketan, Natwar Nagar, Dholi Pyau, Mathura (U.p.)
4.     Priyanka Gaur D/o Ramprakash Mishra, R/o 52, Vidhya
       Niketan, Natwar Nagar, Dholi Pyau, Mathura (U.p.)
5.     Akanksha Mishta D/o Ramprakash Mishra, R/o 52, Vidhya
       Niketan, Natwar Nagar, Dholi Pyau, Mathura (U.p.)
6.     Smt. Saroj Vajpayee D/o Lalta Prasad W/o P.n. Vajpayee,
       Present R/o C-144, Vidhyadhar Nagar, Jaipur (Raj.)
       Through Power Of Attorney Pushkarnarayan Trivedi.
                                                                 ----Respondents

For Petitioner(s)         :     Mr. Mohit Gupta.
For Respondent(s)         :     Mr. Ajay Goyal.



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                     Order

25/02/2022

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

against the judgment dated 08.09.2021 passed by the Appellate

Rent Tribunal, Alwar in Appeal No.38/2016, whereby the appeal filed

(2 of 3) [CW-13434/2021]

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

dated 13.05.2016 passed by the Rent Tribunal, Alwar was dismissed

and the petitioners-tenant were directed to vacate the disputed

premises.

2. After arguing for some time, Mr. Mohit Gupta, learned counsel

for the petitioners-tenant, on instructions from their client, submits

that the petitioners-tenant shall vacate the disputed premises on or

before 28.02.2023.

3. Mr. Ajay Goyal, learned counsel appearing on behalf of the

respondents-landlords on instructions from their client agreed to the

proposal of the learned counsel for the petitioners-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 petitioners-tenant shall be entitled to continue in

occupation of the disputed premises till 28.02.2023 with a condition

that they would hand over the vacant possession of the disputed

premises to the respondents-landlords on or before 28.02.2023.

(ii) The petitioners-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 petitioners-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 petitioners-tenant shall submit an undertaking

incorporating the aforesaid conditions before the Rent Tribunal,

Alwar within a period of thirty days, from the date of this order. In

case petitioners-tenant fails to submit the undertaking as directed by

(3 of 3) [CW-13434/2021]

this court within a period of thirty days from today, or breaches the

conditions of this order, the respondents-landlords shall be entitled to

the immediate execution of the judgment and possession certificate

dated 13.05.2016 and obtain possession of the disputed premises

forthwith in accordance with law.

(INDERJEET SINGH),J

MG/119

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