Babu Lal vs Smt. Ratan Daga
2022 Latest Caselaw 8539 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6619/2022

Babu Lal S/o Shri Nainu Ram Chitara, Aged About 64 Years, By Caste Chitara, Address - M/s Chitara Posis Works, Plot N. 459, 5Th A Road, Sardarpura, Jodhpur, Rajasthan.

----Petitioner Versus

1. Smt. Ratan Daga W/o Shri Mahaveer Chand Daga,

2. Mahaveer Chand Daga S/o Mangi Lal Daga, Both by Caste Oswal Daga, R/o Plot No. 459, 5Th A Road, Sardarpur, Jodhpur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Manish Patel For Respondent(s) : Mr. Narendra Thanvi

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

01/07/2022

Heard learned counsel for the parties.

The present writ petition has been filed against the judgment

dated 21.04.2022 passed by learned Appellate Rent Tribunal,

Jodhpur Metro affirming the order dated 31.01.2019 passed by

learned Rent Tribunal, Jodhpur Metro.

Learned counsel for the petitioner submits that the petitioner

is tenant of the shop which was rented out to him by the

respondent in the year 1999. On the eviction proceedings having

been undertaken by the respondent, the same were allowed

against which the petitioner preferred an appeal before the

Appellate Rent Tribunal which has been dismissed vide judgment

dated 21.04.2022.

(2 of 2) [CW-6619/2022]

Learned counsel for the petitioner, without pressing the writ

petition on merits, undertakes that the petitioner will give the

vacant and peaceful possession of the shop to the respondent on

or before 31.01.2024. He also undertakes to pay the rent due to

the respondent as ordered by the learned Rent Tribunal vide its

order dated 31.01.2019 within a period of three months from

today.

The proposal given by the learned counsel for the petitioner

is gracefully accepted by the learned counsel for the respondent.

In view of the above, the orders dated 31.01.2019 &

21.04.2022 passed by learned Rent Tribunal, Jodhpur and learned

Appellate Rent Tribunal, Jodhpur respectively are upheld and the

writ petition is disposed of with a direction to the petitioner to

hand over the vacant and peaceful possession of the shop in

question to the respondent on or before 31.01.2024. The

petitioner shall also pay the rent due as determined by the Rent

Tribunal, Jodhpur Metro within a period of three months from

today.

Stay application as well as other pending applications, if any,

shall stand disposed of accordingly.

(VINIT KUMAR MATHUR),J

236-SanjayS/Kashish-

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