Mohammed Yunis Son Of Mohammad ... vs Vidya Devi Wife Of Prahlad Lal ...
2022 Latest Caselaw 7321 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 15425/2022

Mohammed Yunis Son Of Mohammad Yusuf, Aged About 52
Years, Resident Of Kashida Gali, Gangapur City, District Sawai
Madhopur.
                                                                  ----Petitioner
                                   Versus
Vidya Devi Wife Of Prahlad Lal Gupta, Resident Of Baid Colony,
Gangapur City, District Sawai Madhopur.
                                                                ----Respondent

For Petitioner(s)        :     Mr. D.K. Dixit.
For Respondent(s)        :     Mr. Vikram Jamwal on behalf of Mr.
                               L.L. Gupta.



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

17/11/2022

1. Instant writ petition has been filed by the petitioner-tenant

against the judgment dated 25.08.2022 passed by the Appellate

Rent Tribunal, Sawai-Madhopur in Appeal No.05/2021, whereby the

appeal filed by the petitioner-tenant against the judgment & decree

of eviction dated 16.08.2021 passed by the Rent Tribunal, Gangapur

City was dismissed and the petitioner-tenant was directed to vacate

the disputed premises.

2. After arguing for some time, Mr. D.K. Dixit, learned counsel for

the petitioner-tenant, on instructions from his client, submits that

the petitioner-tenant shall vacate the disputed premises on or before

31.05.2024.

(2 of 2) [CW-15425/2022]

3. Mr. L.L. Gupta, learned counsel appearing on behalf of the

respondent-landlord on instructions from her client agreed to the

proposal of the learned counsel for the petitioner-tenant.

4. In view of the consent of learned counsel for the parties, the

writ petition is disposed of with the following directions:-

(i) The petitioner-tenant shall be entitled to continue in occupation

of the disputed premises till 31.05.2024 with a condition that he

would hand over the vacant possession of the disputed premises to

the respondent-landlord on or before 31.05.2024.

(ii) The petitioner-tenant shall pay arrears of agreed rent, if any,

up to 30.11.2022 within a period of two months from today.

(iii) The petitioner-tenant shall pay monthly rent to the respondent-

landlord, commencing from 1st December, 2022, as per order of the

Rent Tribunal on or before 10th of each month.

(iv) The petitioner-tenant shall not alienate or otherwise create

third party right, or hand over possession of the disputed premises to

any other person.

(v) Further, the petitioner-tenant shall submit an undertaking

incorporating the aforesaid conditions before the Rent Tribunal,

Gangapur City within a period of thirty days, from the date of this

order. In case petitioner-tenant fails to submit the undertaking as

directed by this court within a period of thirty days from today, or

breaches the conditions of this order, the respondent-landlord shall

be entitled to the immediate execution of the judgment and

possession certificate dated 16.08.2021 and obtain possession of the

disputed premises forthwith in accordance with law.

(INDERJEET SINGH),J

Upendra Pratap Singh /106

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