Jayanti Lal vs Bihari Lal Parihar
2022 Latest Caselaw 9407 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7344/2022

Jayanti Lal S/o Shri Govind Ram, Aged About 44 Years, By Caste Dhobi, Govind Tyre-Tube Patching Works, No. 71-A, Chopasani Second A-Road, Sardarpura, Jodhpur.

----Petitioner Versus Bihari Lal Parihar S/o Late Shri Chunni Lal Ji, By Caste Darji, Resident Of Plot No. 71-A, Chopasani Second A-Road, Sardarpura, Jodhpur.

----Respondent

For Petitioner(s) : Mr. R.K.Thanvi, Sr. Advocate Mr. Narendra Thanvi Mr. Mahendra Thanvi For Respondent(s) : Mr. Shanker Lal Sinwaria

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment

19/07/2022

The petitioner-non-applicant has preferred this writ petition

being aggrieved by the impugned judgment and decree dated

05.05.2022 passed by the Appellate Rent Tribunal, Jodhpur

Metropolitan, Jodhpur in Rent Appeal No.14/2020, whereby the

appeal of the petitioner has been dismissed and the judgment

dated 05.10.2019 passed by the Rent Tribunal, Jodhpur

Metropolitan has been affirmed.

By the judgment dated 05.10.2019, 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.

(2 of 4) [CW-7344/2022]

Learned counsel for the petitioner, upon instructions, has

submitted that the petitioner does not want to press this writ

petition on merits, however, pray that reasonable time may be

granted to him 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.1250/- 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

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.1250/-

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

(3 of 4) [CW-7344/2022]

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

he does 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 his 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

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.

                                                                           (4 of 4)               [CW-7344/2022]


                                        No costs.

A copy of this judgment be sent to the learned court below

forthwith.

(VIJAY BISHNOI),J

44-AjaySingh/-

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