Rajasthan High Court - Jodhpur
Raj Kumar vs Society Of Vijay Vargiya Vaishya ... on 29 November, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16947/2022
Raj Kumar S/o Late Shri Shanker Lal, Aged About 57 Years, B/c
Veshnav, Resident Of Vijayvargiya Bhawan, Gulab Sagar,
Jodhpur.
----Petitioner
Versus
1. Society Of Vijay Vargiya Vaishya (Reg), Reg. Office Satya
Narayan Ji Ka Mandir, Gulab Sagar, Jodhpur Through
Ramesh Gandhi Son Of Late Shri Ram Swaroop Gandhi
And Through Secretary Ashok Kumar Gandhi Son Of Late
Shri Amrit Lal Gandhi, R/o Gandhi Street City Police,
Jodhpur. (Property Owner)
2. Vijay Prakash Ramawat S/o Late Shri Shanker Lal, Aged
About 61 Years, B/c Veshnav Resident Of Behind Of Street
Of Mata Ji Mandir, Near Samudayk Bhawan, Devi Road,
Chandna Bhakhar, Jodhpur.
3. Suraj Prakash S/o Late Shri Shanker Lal, Aged About 59
Years, By Caste Veshnav, Resident Of Vijayvargiya
Bhawan, Gulab Sagar, Jodhpur.
4. Om Prakash S/o Late Shri Shanker Lal, Aged About 66
Years, By Caste Veshnav Resident Of Phad Ganj Colony,
Lal Sagar, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Karuna Nidhi Vyas, Mr. Sharad
Vyas
For Respondent(s) : Mr. S.C. Maloo
(2 of 5) [CW-16947/2022]
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
29/11/2022
The petitioner has preferred this writ petition being
aggrieved with the impugned judgment dated 20.9.2022
passed by the Rent Appellate Tribunal, Jodhpur Metropolitan
in Rent Appeal Nos.08/2021 and 20/2022, whereby the
appeals of the petitioner have been dismissed and the
judgment dated 31.1.2020 passed by the Rent Tribunal,
Jodhpur Metropolitan has been affirmed.
By the judgment dated 31.1.2020, the Rent Tribunal,
Jodhpur Metropolitan has 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.
Learned counsel for the petitioner, upon instructions, has
submitted 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 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.
(3 of 5) [CW-16947/2022]
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.5000/- per month from December
2022 and is also ready to continue to pay mesne profit every
month by 15th day of the next succeeding month or in
advance to the respondent up till the vacant possession is
handed over to him.
Accordingly, with the consent of learned counsel for both
the parties, the present writ petition is dismissed as not
pressed on merits 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 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
respondent shall not execute the impugned decree
till 31.12.2023.
(ii) The petitioner shall pay the mesne profit of
Rs.5000/- per month from December 2022 and
further continue to pay mesne profit every month
by 15th day of the next succeeding months or in
advance to the respondent up till the vacant
possession is handed over to the respondent. The
arrears of rent and mesne profit as determined by
(4 of 5) [CW-16947/2022]
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.
(iii) The petitioner shall further undertake that he
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 December, 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.
31.12.2023 and the respondent may also initiate
(5 of 5) [CW-16947/2022]
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
175-msrathore/-
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