Rajasthan High Court - Jodhpur
Lrs Of Smt. Anju Dhanadiya vs Yogesh Sharma on 4 July, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7548/2022
1. Lrs Of Smt. Anju Dhanadiya, W/o Ganesh Lal Dhnadiya
2. Sh. Sumer Dhanadiya S/o Ganesh Lal Dhanadiya, Aged
About 58 Years, Resident Of M/s. Fridgewala, Shop No. 2,
Krishna Kunj, 3Rd Chopasani Road, Sardarpura, Jodhpur
3. Sh. Prakash Dhanadiya S/o Ganesh Lal Dhanadiya, Aged
About 57 Years, Resident Of 06 Abhaygarh, Opposite
Kendriya Vidyalaya No. 1, Air Force, Jodhpur
4. Smt. Kavita Parihar W/o Shri Jitendra Parihar, Aged About
62 Years, R/o Plot No. 09, Roads No. 17, New Panvel,
Panvel, Raigarh, Maharashtra 410206.
----Petitioners
Versus
1. Yogesh Sharma S/o Late Sh. Purshottam Sharma,
Resident Of Krishan Kunj, 3Rd Chopasani Road,
Sardarpura, Jodhpur
2. The Add. Chief Judicial Magistrate (Rent Control), Jodhpur
Metroplitan, Jodhpur.
3. The Learned Rent Tribunal, Jodhpur Metropolitan,
Jodhpur.
----Respondents
For Petitioner(s) : Mr. Shridhar Mehta with
Mr. Aditya Ojha
For Respondent(s) : Mr. Manish Patel
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
04/07/2022
The petitioner-non-applicant has preferred this writ petition
being aggrieved by the impugned judgment and decree dated
21.04.2022 passed by the Appellate Rent Tribunal, Jodhpur
Metropolitan, Jodhpur in Rent Appeal No.23/2020, whereby the
(2 of 4) [CW-7548/2022]
appeal of the petitioner has been dismissed and the judgment
dated 27.01.2020 passed by the Rent Tribunal, Jodhpur
Metropolitan has been affirmed.
By the judgment dated 27.01.2020, the Rent Tribunal,
Jodhpur Metropolitan allowed the original application filed by the
respondent for eviction and recovery of rent against the petitioner
on the ground of reasonable and bonafide necessity.
Learned counsel for the petitioner, upon instructions, has
submitted that the petitioner do not want to press this writ
petition on merits, however, pray that reasonable time may be
granted to them to handover the vacant and peaceful possession
of the suit premises.
Learned counsel for the respondent submits that he has no
objection if reasonable time is given to the petitioner to handover
the vacant and peaceful possession of the suit premises.
Learned counsel for the petitioner has submitted that the
petitioner is ready to pay the mesne profit of disputed premises at
the rate of Rs.21,000/- per month from July 2022 and is also
ready to continue to pay mesne profit every month by 15 th day of
the next succeeding month or in advance to the respondent up till
the vacant possession is handed over to the respondent.
Accordingly, with the consent of learned counsel for both the
parties, the present writ petition of the petitioner is dismissed as
not pressed on merits with the following directions :-
(i) The petitioner shall submit an undertaking to the
effect that he shall handover the vacant and peaceful
possession of the suit premises in dispute to the
respondent-applicant on or before 31.12.2023 and shall
not cause any damage to the rent property and shall
(3 of 4) [CW-7548/2022]
maintain the same as it is. The respondent shall not
execute the impugned decree till 31.12.2023.
(ii) The petitioner shall pay the mesne profit of
Rs.21,000/- per month from July 2022 and further
continue to pay mesne profit every month by 15 th day of
the next succeeding months or in advance to the
respondent uptill vacant possession is handed over to the
respondent-landlord. The arrears of rent and mesne profit
as determined by the Tribunals below, if not already paid,
shall also be paid by the petitioner within a period of
three months from today and entire amount including the
amount already deposited on this account will be
disbursed to the respondent.
(iii) The petitioner-defendant shall further undertake
that he will not sublet, assign or part with the possession
of the suit premises or any part thereof in favour of
anyone else and would not create any third party interest
in the same during the aforesaid period and if they do so,
the same will be treated as void.
(iv) The petitioner shall furnish a written undertaking
incorporating the aforesaid conditions in the trial Court by
31st July, 2022 and one copy thereof along with affidavit
in this Court.
(v) The respondent shall give the details of her bank
account number in which the arrears of rent or mesne
profit and regular mesne profit yet to be paid, will be
deposited within a period of three months from today.
(vi) It is made clear, that in case, the petitioner does not
comply with any of the aforesaid conditions, then it will
(4 of 4) [CW-7548/2022]
be open for the respondent to get the decree passed in
his favour executed forthwith even before the aforesaid
date i.e. 31.12.2023 and the respondent may also initiate
contempt proceedings in this Court against the petitioner.
No costs.
A copy of this judgment be sent to the learned court below
forthwith.
(VIJAY BISHNOI),J
90-Arun/-
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