Rajasthan High Court - Jodhpur
Rashida Bnegam vs Lrs Of Marhum Fazlurahman on 2 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6133/2022
Rashida Begam W/o Sadik Miya, Aged About 65 Years, By Caste
Muslim, R/o Jubed Masjid Wali Gali, Nai Sarak, Jodhpur.
----Petitioner
Versus
Lrs Of Marhum Fazlurahman, Through His Lrs
1. Jamil Modi S/o Marhum Fazlurahman, By Caste Muslim,
R/o Teliyon Ki Masjid Ke Pass, Sojati Gate Ke Ander,
Jodhpur.
2. Jakir Modi S/o Marhum Fazlurahman, By Caste Muslim,
R/o Teliyon Ki Masjid Ke Pass, Sojati Gate Ke Ander,
Jodhpur.
3. Aftab Modi S/o Marhum Fazlurahman, By Caste Muslim,
R/o Teliyon Ki Masjid Ke Pass, Sojati Gate Ke Ander,
Jodhpur.
4. Altaf Modi S/o Marhum Fazlurahman, By Caste Muslim,
R/o Teliyon Ki Masjid Ke Pass, Sojati Gate Ke Ander,
Jodhpur.
5. Anwar Modi S/o Marhum Fazlurahman, By Caste Muslim,
R/o Teliyon Ki Masjid Ke Pass, Sojati Gate Ke Ander,
Jodhpur.
6. Mehrunisa D/o Marhum Fazlurahman, By Caste Muslim,
R/o Teliyon Ki Masjid Ke Pass, Sojati Gate Ke Ander,
Jodhpur.
7. Taslim D/o Marhum Fazlurahman, By Caste Muslim, R/o
Teliyon Ki Masjid Ke Pass, Sojati Gate Ke Ander, Jodhpur.
8. Reshma D/o Marhum Fazlurahman, By Caste Muslim, R/o
Teliyon Ki Masjid Ke Pass, Sojati Gate Ke Ander, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Bharat Boob
For Respondent(s) : Mr. Ashok Patel
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
(2 of 4) [CW-6133/2022]
02/05/2022
The petitioner-non-applicant has preferred this writ petition
being aggrieved by the impugned judgment and decree dated
09.02.2022 passed by the Appellate Rent Tribunal, Jodhpur
Metropolitan, Jodhpur in Rent Appeal No. 31/2019, whereby the
appeal of the petitioner has been dismissed and the judgment
dated 25.04.2019 passed by the Rent Tribunal, Jodhpur Metropolitan
has been affirmed. By the judgment dated 25.04.2019, the Rent
Tribunal, Jodhpur Metropolitan has allowed the original application
filed by the respondents for eviction and recovery of rent against
the petitioner on the ground of reasonable and bonafide necessity.
Learned counsel for the petitioner upon instructions submits
that the petitioner does not want to press this writ petition on
merits, however, prays that reasonable time may be granted to
him to handover the vacant and peaceful possession of the suit
premises.
Learned counsel for the respondents agrees 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.15,000/- per month from May, 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 respondents up
till the vacant possession is handed over to the respondents.
Accordingly, with the consent of both the learned counsel,
the present writ petition of the petitioner is dismissed as not
pressed on merits with a direction to the petitioner to submit an
undertaking to the effect that he will handover the peaceful and
(3 of 4) [CW-6133/2022]
vacant possession of the suit premises to the respondent-landlord
on or before 31.12.2023 with the following conditions:-
(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 respondents-applicants 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 respondents
shall not execute the impugned decree till 31.12.2023.
(ii) The petitioner shall pay the mesne profit of Rs.15,000/-
per month from the date the rent is due and shall further continue
to pay mesne profit every month by 15th day of the next
succeeding month or in advance to the respondents up till 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 respondents.
(iii) The petitioner-defendant shall further undertake that he
will not sub-let, 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
31.05.2022 and one copy thereof along with affidavit in this Court.
(v) The respondents will give the details of their bank
account number in which the arrears of rent or mesne profit and
(4 of 4) [CW-6133/2022]
regular mesne profit now 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 respondents to get the decree passed in their favour
executed forthwith even before the aforesaid dated i.e.
31.12.2023 and the respondents 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
96-AjaySingh/-
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