Mohammed Habib vs Jagdish Panwar
2022 Latest Caselaw 8122 Raj

Citation : 2022 Latest Caselaw 8122 Raj
Judgement Date : 7 June, 2022

Rajasthan High Court - Jodhpur

Mohammed Habib vs Jagdish Panwar on 7 June, 2022

Bench: Madan Gopal Judge)

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8026/2022

Mohammed Habib S/o Late Shri Mohammed Haneef, Aged About 45 Years, By Caste Musalman, Resident Of Peko Ka Baas, Kabutaron Ka Chowk, Jodhpur, Asian Scooter Repair, Opposite Dudheshwar Mahadev Temple, Ghodon Ka Chowk, Jodhpur.

----Petitioner Versus Jagdish Panwar S/o Late Shri Gobar Ram Ji, By Caste Meghwal, Resident Of Opposite Dudheshwar Mahadev Temple, Ghodon Ka Chowk, Jodhpur.

                                                                  ----Respondent


For Petitioner(s)          :    Mr. R.K. Thanvi, Sr. Advocate assisted
                                by Mr. Mahendra Thanvi
For Respondent(s)          :    Mr. Om Prakash

HON'BLE MR. JUSTICE MADAN GOPAL VYAS(VACATION JUDGE)

Order

07/06/2022

By the instant writ petition under Article 227 of the

Constitution of India, petitioner-tenant has challenged judgment

dated 16.05.2022, passed by learned Appellate Rent Tribunal,

Jodhpur (for short, 'Appellate Tribunal'), whereby learned

Appellate Tribunal, affirmed the judgment dated 18.02.2021,

passed by Rent Tribunal, Jodhpur (for short, 'learned Tribunal')

whereby the eviction petition filed by the respondent-landlord

under Section 9 (i) of the Rajasthan Rent Control Act, 2001 (for

short, 'Act'), was allowed and six months' time was granted to the

petitioner-tenant to vacate the rented shop situated at in front of

Dudeshwar Mahadev Mandir, Godo Ka Chowk, Jodhpur (hereinafter

(2 of 4) [CW-8026/2022]

referred to as the rented premises for short) with further usual

directions.

The facts, in brief, are that the aforesaid rented premise was

taken on rent by the petitioner-tenant from the respondent-

landlord. Essentially, the petition under Section 9(i) of the Act

was founded on the ground of reasonable bonafide need of the

son of the respondent-landlord. The learned Tribunal, after

conclusion of trial, vide its judgment dated 18.02.2021, issued

directions to the petitioner-tenant to vacate the rented premises

within six months from the date of judgment and further to pay

the amount of arrears of rent.

Being aggrieved by the same, petitioner-tenant approached

the learned appellate Tribunal by way of filing an appeal, but the

same was also dismissed by the learned appellate Tribunal.

While arguing the petition, it is very candidly submitted by

learned counsel for the petitioner that he is not pressing the

petition on merits, but only praying for grant of three years' time

to vacate the rented premises.

Per contra, learned counsel appearing for the respondent-

landlord, Mr. Om Rajpurohit submits that learned Rent Tribunal

vide its judgment dated 18.02.2021 has already granted six

months' time to the petitioner-tenant to vacate of rented premises

from the date of passing of the order by the learned Rent Tribunal,

almost one year and three months have already passed and,

therefore, petitioner-tenant may not be granted further time.

Learned counsel for the respondent-landlord, however, submits

that if this Court deems it appropriate to grant some breathing

time to the petitioner-tenant, then the same may not exceed the

period of three months.

(3 of 4) [CW-8026/2022]

In view of the discussion made above, without interfering

with the impugned judgments, the writ petition is disposed of

subject to the condition that petitioner-tenant shall vacate the

rented premises on or before 30.06.2023 and handover vacant

possession of the rented premises to the respondent-landlord.

During the interregnum period, the petitioner shall pay arrears of

the rent/mesne profits and shall further continue to pay mesne

profits @ Rs.2,500/- per month as already ordered by learned

Rent Tribunal. The petitioner shall pay the means profits for use &

occupation of the rented premises on or before every 15 th of every

month without any delay. It is further ordered that the petitioner

shall furnish an undertaking before learned Tribunal with the

following stipulations:-

(i) Petitioner-tenant shall furnish a written undertaking in the Rent Tribunal within a month incorporating to hand- over vacant and peaceful possession of the rented premises to the respondent-landlord on or before 30.06.2023 and shall also undertake not to cause any damage to it and shall also maintain the same as it is.

(ii) Petitioner-tenant shall also pay mesne profit @Rs.2,500/- per month as already ordered by the learned Tribunal and will further continue to pay the same on every 15th of every month, or in advance uptil vacant possession is handed over to the respondent- landlord. The arrears of Rent and mesne profits, as determined by learned rent Tribunal and affirmed by appellate Tribunal, if not already paid, shall also be paid by him 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- landlord.

(4 of 4) [CW-8026/2022]

(iii) Petitioner-tenant shall further undertake that he will not sub-let, assign or part with the possession of the rented 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 respondent-landlord will furnish the details of bank account number in which the amount of arrears of rent, mesne profits and regular mesne profits is now to be deposited. Arrears of rent and mesne profits is to be deposited by petitioner-tenant within a period of three months from today.

(v) On petitioner-tenant furnishing the undertaking aforesaid and abiding by the terms and conditions of the order, respondent-landlord shall not execute the impugned decree till 30.06.2023.