Moti Lal vs Ratan Chand
2022 Latest Caselaw 8363 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6606/2022

Moti Lal S/o Shri Kashi Ram, Aged About 71 Years, By Caste Maheshwari, Address - Baheti Automobiles, 12th Residency Road, Jodhpur, Rajasthan.

----Petitioner Versus Ratan Chand S/o Late Shri Amaan Ji, Resident Of - Plot No. 123, Near 12th Road Circle, Residency Road, Jodhpur, Rajasthan.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Ashok Patel
                               Mr. Kuldeep Singh Solanki
For Respondent(s)        :     Mr. Jitendra Chopra

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

28/06/2022

Heard learned counsel for the parties.

The present writ petition has been filed against the judgment

dated 28.04.2022 passed by learned Appellate Rent Tribunal,

Jodhpur Metro affirming the order dated 26.11.2019 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 1983. 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 28.04.2022.

(2 of 2) [CW-6606/2022]

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 26.11.2019 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 26.11.2019 &

28.04.2022 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

31-/Vivek/-

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