M/S Joharmal Amarmal vs Abdul Hakim
2022 Latest Caselaw 106 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 16402/2021

M/s Joharmal Amarmal, Through its Partner Surendra Mal Mehta S/o Late Joharmal Mehta, By Cast Oswal, Aged About 65 Years, Resident Of House No.7/2A, Pwd Colony, Jodhpur.

----Petitioner Versus

1. Abdul Hakim S/o Late Abdul Kayyum Modi, By Caste Modi Musalman, Resident Of Behind Teliyon Ki Masjid, Inside Sojati Gate, Jodhpur.

2. Lrs Of Late Amarmal, S/o Late Johar Mal, By Caste Oswal, Resident Of 46-C, Pwd Colony, Jodhpur. Through-

3. Kamal Mehta W/o Late Shri Amarmal Ji Mehta, 46C Pwd Colony, Jodhpur.

4. Anil Kumar Mehta S/o Late Shri Amarmal Ji Mehta, 46C Pwd Colony, Jodhpur.

5. Manoj Mehta S/o Late Shri Amarmal Ji Mehta, 46C Pwd Colony, Jodhpur.

6. Ravi Mehta S/o Late Shri Amarmal Ji Mehta, 46C Pwd Colony, Jodhpur.

                                                                ----Respondents


For Petitioner(s)        :     Mr. Manoj Bhandari
                               Mr. Jitendra Chopra
For Respondent(s)        :     Mr. J.R. Patel



                    JUSTICE DINESH MEHTA

                                    Order

04/01/2022

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

dated 15.02.2019, passed by the learned Rent Tribunal, Jodhpur,

whereby the application filed by the respondent under Section 9(i)

of the Rent Control Act has been allowed and the appeal preferred

(2 of 3) [CW-16402/2021]

thereagainst by the petitioner has been dismissed by the Rent

Appellate Tribunal, Jodhpur, vide judgment dated 12.10.2021.

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 The writ petition, thus, stands dismissed as withdrawn, while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

31.12.2023, on the following conditions:-

(i) The partner of the petitioner firm shall personally submit an undertaking supported by his affidavit before the trial Court to the effect that on or before 31.12.2023, 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 arrears of rent (if any), latest by 31.03.2022.

(iii) The petitioner shall pay mesne profit of Rs.20,000/- per month from 01.01.2022 on or before 7 th day of each month in the bank account of the respondent till the vacant possession of the suit property is handed over i.e. by 31.12.2023. First such payment shall be made on or before 07.02.2022.

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.

(3 of 3) [CW-16402/2021]

5. No order as to costs.

6. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

17-skm/-

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