Rajasthan High Court
Manoj Kumar S/O Of Late Sh. Kanhiya ... vs Ramesh Chand Khandelwal S/O Late ... on 16 May, 2022
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 19415/2019
1. Manoj Kumar S/o Of Late Sh. Kanhiya Lal, Khalchuri
Trader And Pesticide Trader, Resident Of 36 Nai
Dhanmandi, Kota.
2. Ajay Kumar S/o Late Sh. Kanhiya Lal, Khalchuri Trader
And Pesticide Trader, Resident Of 36 Nai Dhanmandi,
Kota.
----Petitioners
Versus
Ramesh Chand Khandelwal S/o Late Sh. Ramkaran, Mahajan,
Resident Of House No. 36, Nai Dhanmandi, Kota.
----Respondent
For Petitioner(s) : Mr.Satish Chand Mittal
For Respondent(s) : Mr.Sanjay Kumar Singhal
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
16/05/2022
The present writ petition has been filed by the petitioners-
tenant challenging judgment dated 09.08.2019 passed by the
Appellate Rent Tribunal, Kota whereby the order dated 28.04.2015
passed by the Rent Tribunal, Kota was affirmed.
After arguing the matter for some time, learned counsel for
the petitioners-tenant- Mr.Satish Chand Mittal, on instructions,
submits that the petitioners-tenant shall vacate the shop in
question on or before 30th June, 2023.
Learned counsel appearing on behalf of the respondent-
landlord--Mr.Sanjay Kumar Singhal agreed to the proposal of
learned counsel for the petitioners-tenant and submits that in the
event of the judgment of the Appellate Rent Tribunal, Kota dated
(2 of 3) [CW-19415/2019]
09.08.2019, being upheld, the respondent-landlord would have no
objection if the petitioners-tenant continue in occupation of the
rented premises in question only till 30 th June, 2023 and in no
eventuality beyond the said date.
In view of the consent of learned counsel for the parties, the
present writ petition is being disposed of with the following
directions:-
(i) The petitioners-tenant shall be entitled to continue in
occupation of the rented premises in question (shop) till 30 th June,
2023 but not beyond that, subject to condition that they would
handover the peaceful and vacant possession of the premises in
question to the respondent-landlord on or before 30 th June, 2023.
(ii) The petitioners-tenant shall pay all the arrears of rent or
mesne profits, as per order dated 28.04.2015 within a period of
six weeks from today.
(iii) Commencing from 1st June, 2022, the petitioners-tenant
shall pay mesne profit to the respondent-landlord @ Rs.2000/- per
month on or before 10th of each succeeding month.
(iv) The petitioners-tenant shall not alienate, part with,
create any third party right and hand over possession of the
rented premises in question to any other person.
Further, the petitioners-tenant shall submit an undertaking
incorporating the aforesaid conditions before the Rent Tribunal,
Kota within a period of thirty days, from the date of this order. In
case the petitioners-tenant fail to submit such undertaking within
thirty days from today and/ or breaches any of the conditions of
this order, the respondent-landlord shall be entitled to initiate
execution proceeding, pursuant to judgment and possession
certificate dated 09.08.2019 and obtain possession of the
(3 of 3) [CW-19415/2019]
premises in issue forthwith, in accordance with law. The breach of
this order shall also make the petitioners-tenant liable to be
punished under the provisions of Contempt of Courts Act.
Accordingly, the present writ petition stands disposed of.
(ASHOK KUMAR GAUR),J
Preeti Asopa /90
Powered by TCPDF (www.tcpdf.org)
