Karan vs Vimal Kumar Manjani
2022 Latest Caselaw 2946 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2713/2022

Karan S/o Jugal Kishroe Shrimal, Aged About 39 Years, By Caste Oswal, J.k. Electronics, Shop No. 204, Ground Floor, Minerva Centre, Station Road, Jodhpur.

----Petitioner Versus Vimal Kumar Manjani S/o Ghanshyamji Manjani, Aged About 42 Years, R/o 2 Kha 37, Chopasani Housing Board, Jodhpur.

                                                                ----Respondent


For Petitioner(s)        :     Mr. D.L.R. Vyas
                               Mr. Karan Shrimali (In person)
For Respondent(s)        :     Mr. Nitin Trivedi
                               Mr. Vimal Kumar Manjani (In person)


                    JUSTICE DINESH MEHTA
                                    Order

23/02/2022

1. The present writ petition has been filed against the judgment

dated 01.10.2018, passed by the learned Rent Tribunal, Jodhpur,

whereby the application filed by the respondent under Section 9 of

the Rent Control Act has been allowed and the appeal preferred

thereagainst by the petitioner has been dismissed by the Addl.

Chief Judicial Magistrate, Jodhpur Metropolitan, vide judgment

dated 17.01.2022.

2. Learned counsel for the petitioner, instead of arguing the

petition on merit, has confined his prayer to the extent of granting

time to vacate the suit premises.

3. The writ petition, thus, stands dismissed as withdrawn, while

granting time to the petitioner to vacate the suit premises by

30.06.2023, on the following conditions:-

                                                                               (2 of 2)               [CW-2713/2022]


                                         (i)     The petitioner shall personally submit an undertaking

supported by his affidavit before the trial Court to the effect that on or before 30.06.2023, he shall hand over peaceful and vacant possession of the suit premises to the respondent. He shall also undertake neither to cause any damage to the suit premises, nor to make any alteration and not to assign, subject or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance.

(ii) The petitioner shall deposit amount towards arrears of mesne profit (Rs.13,00,000/-) latest by 30.06.2022. It will, however, be open for the petitioner - tenant to satisfy the trial Court about the due amount of rent. Needless to observe that the landlord shall also have its right reserved to raise contentions about the same.

(iii) The petitioner shall pay mesne profit of Rs.40,000/- per month from 01.03.2022 on or before 7 th day of each month in the bank account of the respondent (details whereof shall be supplied by the respondent to the petitioner) till the vacant possession of the suit property is handed over i.e. by 30.06.2023. First such payment shall be made on or before 07.04.2022.

4. It is made clear that upon petitioner's failure to comply with

any of the conditions aforesaid or violating any terms of the

undertaking, the respondent shall be entitled to execute the

judgment passed by the Rent Tribunal forthwith, besides initiating

proceedings for contempt of Court, in accordance with law.

5. No order as to costs.

6. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 113-Amar/-

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