Dr. Pran Nath Bhambani S/O Dr. Late ... vs Keshavdas Goyal Huf Through Karta ...
2022 Latest Caselaw 654 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 12696/2021

Dr. Pran Nath Bhambani S/o Dr. Late Khushi Ram Bhambani,
Aged About 70 Years, R/o House No. 434, Adarsh Nagar Jaipur
Shopkeeper Shop No. 310-311, Chaura Rasta Jaipur.
                                                                    ----Petitioner
                                    Versus
1.      Keshavdas Goyal Huf Through Karta Keshavdas Goyal S/o
        Late Shri Badrinarayan Ji Goyal, R/o B-52, Bhagirath
        Marg, Shyam Nagar, Jaipur.
2.      Peeyush Goyal S/o Shri Keshavdas Goyal, R/o B-52,
        Bhagirath Marg, Shyam Nagar, Jaipur.
                                                                 ----Respondents

For Petitioner(s) : Mr. Kapil Bardhar, through VC. For Respondent(s) : Mr. Ashok Mehta, Senior Counsel assisted by Mr. Mudit Singhvi, through VC.

HON'BLE MR. JUSTICE INDERJEET SINGH Order

25/01/2022

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

against the judgment dated 22.09.2021 passed by the Appellate

Rent Tribunal, Jaipur in Appeal No.159/2019, whereby the appeal

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

eviction dated 20.08.2019 passed by the Rent Tribunal, Jaipur

Metropolitan was dismissed and the petitioner-tenant was directed to

vacate the disputed premises.

2. After arguing for some time, Mr. Kapil Bardhar, learned counsel

for the petitioner-tenant, on instructions from his client, submits that

the petitioner-tenant shall vacate the disputed premises on or before

31.01.2023.

(2 of 2) [CW-12696/2021]

3. Mr. Ashok Mehta, learned senior counsel appearing on behalf of

the respondents-landlord on instructions from his client agreed to the

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

of the disputed premises till 31.01.2023 with a condition that he

would hand over the vacant possession of the disputed premises to

the respondents-landlord on or before 31.01.2023.

(ii) The petitioner-tenant shall pay arrears of agreed rent, if any,

up to 31.01.2022 within a period of two months from today.

(iii) The petitioner-tenant shall pay rent to the respondents-

landlord, commencing from 1st January, 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,

Jaipur Metropolitan within a period of two months, from the date of

this order. In case petitioner-tenant fails to submit the undertaking

as directed by this court within a period of two months from today,

or breaches the conditions of this order, the respondents-landlord

shall be entitled to the immediate execution of the judgment and

possession certificate dated 20.08.2019 and obtain possession of the

disputed premises forthwith in accordance with law.

(INDERJEET SINGH),J

MG/112

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