Ramesh Chand Maheshwari S/O Shri ... vs Om Prakash Aggarwal S/O Shri ...
2022 Latest Caselaw 7360 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 16426/2022

Ramesh Chand Maheshwari S/o Shri Hansraj, Aged About 75
Years, R/o Kirane Ki Dukan, Mangalpura Chauraha, Jhalawar,
Tehsil Jhalarapatan, District Jhalawar (Raj.)
                                                                    ----Petitioner
                                    Versus
1.      Om Prakash Aggarwal S/o Shri Phoolchand Aggarwal, R/o
        Jhalarapatan, District Jhalawar (Raj.)
2.      Babita Aggarwal W/o Shri Om Prakash Aggarwal, R/o
        Jhalarapatan, District Jhalawar (Raj.)
                                                                 ----Respondents

For Petitioner(s)         :     Mr. Anshuman Saxena.
For Respondent(s)         :     Mr. Siddharth Bapna.



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                     Order

18/11/2022

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

against the judgment dated 07.09.2022 passed by the Appellate

Rent Tribunal, Jhalawar in Appeal No.17/2021, whereby the appeal

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

eviction dated 16.04.2021 passed by the Rent Tribunal, Jhalawar was

dismissed and the petitioner-tenant was directed to vacate the

disputed premises.

2. After arguing for some time, Mr. Anshuman Saxena, 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-16426/2022]

3. Mr. Siddharath Bapna, learned counsel appearing on behalf of

the respondents-landlords on instruction from their 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 respondents-landlords 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 commencing from 1st December, 2022

shall pay to the respondents-landlords mesne profits @

Rs.2,000/- per month 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,

Jhalawar 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 16.04.2021 and obtain possession of the disputed premises

forthwith in accordance with law.

(INDERJEET SINGH),J

Jyoti/108

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