Rajasthan High Court - Jodhpur
Kishan Lal @ Kishan Chand Nai ... vs Ridmast Khan Kayamkhani on 5 March, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17301/2021
Kishan Lal @ Kishan Chand Nai (Bhati) S/o Shri Deepchand
Bhati, Aged About 55 Years, M/s Deva Hospital, Rampura Basti,
Kanasar Road, Bikaner.
----Petitioner
Versus
Ridmast Khan Kayamkhani S/o Shri Daud Khan, Kayamkhani
Mohalla, Ward No. 6, Bhadra, District Hanumangarh.
----Respondent
For Petitioner(s) : Mr. Manoj Bhandari, Sr. Adv. assisted
by Mr. Govind Suthar
For Respondent(s) : Mr. Virendra Acharya
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
05/03/2022
The petitioner-non-applicant has preferred this writ petition
being aggrieved by the impugned judgment and decree dated
26.08.2021 passed by the Appellate Rent Tribunal, Bikaner in Rent
Appeal No.203/2014, whereby the appeal of the petitioner has
been dismissed and the judgment dated 19.9.2014 passed by the
Rent Tribunal, Bikaner has been affirmed. By the judgment dated
19.09.2014, the Rent Tribunal, Bikaner 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.
After attempting to argue the matter on merits for quite
some time, learned counsel for the petitioner has submitted that
he does not want to press this writ petition on merits, however,
(2 of 3) [CW-17301/2021]
prays that reasonable time may be granted to the petitioner 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.3,500/- per month from 01.03.2022 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 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
30.06.2023 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 30.06.2023.
(ii) The petitioner shall pay the mesne profit of Rs.3,500/- per
month from 01.03.2022 and further continue to pay mesne profit
every month by 15th 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.
(3 of 3) [CW-17301/2021]
(iii) The petitioner-defendant shall further undertake that
they 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 March, 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. 30.06.2023 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
119-pratibha/-
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