M/S Sudama Builders vs Rajiv Lochan Son Of Late Shri ...
2022 Latest Caselaw 211 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 14793/2021

1.     M/s Sudama Builders, Tenant 3/125, Neb Extension,
       Transport      Nagar,        Alwar,       Through           Proprietor   Ravi
       Chaudhary Son Of Shri Jormal Chaudhary, Resident Of
       1/268, Neb Extension, Transport Nagar, Alwar.
2.     Ravi Chaudhary Son Of Shri Jormal Chaudhary, Resident
       Of 1/268, Neb Extension, Transport Nagar, Alwar.
3.     Devendra Chaudhary Son Of Shri Jormal Chaudhary,
       Resident Of 1/268, Neb Extension, Transport Nagar,
       Alwar.
                                                                     ----Petitioners
                                     Versus
1.     Rajiv Lochan Son Of Late Shri Pramod Kumar Sharma,
       Resident Of 151, Mangal Vihar, Alwar.
2.     Smt. Indra Sharma Wife Of Late Shri Pramod Kumar
       Sharma, Resident Of 151, Mangal Vihar, Alwar.
                                                                   ----Respondents

For Petitioner(s) : Mr. Harendra Singh, Adv. through V.C. For Respondent(s) : Mr. G.S. Rathore, Adv. through V.C.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

10/01/2022

This writ petition has been filed by the petitioners

(hereinafter to be referred as 'tenants') challenging the order

dated 11.11.2021 passed by the Rent Tribunal, Alwar, whereby the

application filed by the respondents (hereinafter to be referred as

'landlords') for execution of the decree was allowed and the

tenants were directed to immediately handover the vacant

possession of the disputed premises to the landlords and the

tenants were further directed to pay the remaining amount of due

(2 of 4) [CW-14793/2021]

rent, after adjustment of already paid rent amount, to the

landlords without any delay.

Brief facts of the case are that the landlords filed an eviction

application under section 9 and 15 of the Rent Control Act, 2001

before the Rent Tribunal, Alwar. On the basis of the pleading of the

parties, issues were framed by the Rent Tribunal and evidence was

adduced by the parties. The Rent Tribunal after hearing the parties

allowed the eviction application filed by the landlords vide

judgment and decree dated 21.01.2020. Being aggrieved by the

judgment and decree of eviction dated 21.01.2020, the tenant

preferred appeal before the Appellate Rent Tribunal, Alwar. During

pendency of the appeal before the Appellate Rent Tribunal, the

parties arrived at compromise and a written joint compromise was

submitted before the Appellate Rent Tribunal, in which the tenants

agreed to vacate the disputed premises on or before 09.12.2023

and till 09.12.2023 the tenants were further agreed to pay the

rent of Rs.2800/- per month. The learned Appellate Rent Tribunal

taking into consideration the joint compromise submitted by the

parties, disposed of the appeal vide order dated 10.12.2020. Due

to COVID-19 problem, the tenants failed to pay the agreed

monthly rent to the landlords, however the tenants deposited the

amount of rent for 11 months to the tune of Rs.30,800/- on

23.09.2021 and also produced its receipt before the court below.

The landlords filed an application before the Rent Tribunal for

execution of the decree of eviction and the Rent Tribunal allowed

the said application vide order dated 11.11.2021 with the

directions as stated here-in-above. Being aggrieved by the order

dated 11.11.2021 passed by the Rent Tribunal, the tenants have

filed the present writ petition.

(3 of 4) [CW-14793/2021]

Counsel for the tenants submitted that due to COVID-19

problem the tenants failed to pay the rent of eight months to the

landlords i.e. Rs.22,400/-, however during pendency of the

execution proceedings, the tenants have paid/deposited the due

rent alongwith two months' advance rent to the landlords. Counsel

for the tenants on instructions, submits that the tenants further

undertake to regularly pay the rent to the landlords.

Learned counsel appearing on behalf of the landlords

opposed the petition.

Heard counsel for the parties and perused the record.

This writ petition filed by the tenants deserves to be allowed

for the reasons; firstly, it is although true that the tenants have

failed to pay the monthly rent to the landlords for the period of

eight months from December, 2020 to July, 2021 but this lapse

was only on account of COVID-19 problem and no-one is unaware

of the said pandemic & that in my view appears to be a reason in

not paying the alleged due rent within time; secondly, the

bonafides of the tenants can be noticed from this admitted fact

that during pendency of the execution proceedings before the

Executing Court, the tenants had already paid/deposited the

amount of outstanding rent to the landlords; therefore in these

peculiar circumstances, I deem it just and proper to exercise the

jurisdiction of this court under Article 227 of the Constitution of

India.

In that view of the matter, the writ petition is allowed. The

order passed by the Executing Court/Rent Tribunal, Alwar dated

11.11.2021 is set aside and the execution application filed by the

landlords stands dismissed. However, in the present facts and

circumstances, the tenants are directed to pay the regular

(4 of 4) [CW-14793/2021]

monthly rent to the landlords in terms of the compromise dated

10.12.2020 entered between the parties and it is also made clear

that in case the tenants fail to pay the monthly rent to the

landlords in terms of the compromise dated 10.12.2020, the

landlords would be free to get the decree of eviction executed

immediately.

(INDERJEET SINGH),J

JYOTI /54

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