Dinesh Bansal S/O Sh. ... vs Tarachand Gupta S/O Ramchandra ...
2022 Latest Caselaw 7525 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 13218/2022

Dinesh Bansal S/o Sh. Satyanarayan, Aged About 38 Years, R/o
Old Station Road, Infront Of Mor Industries, Alwar, At Present
Tenant Shopkeeper Shop No. 13, Alkapuri Shopping Center,
Alwar (Raj.)
                                                                      ----Petitioner
                                    Versus
1.       Tarachand Gupta S/o Ramchandra Gupta, (Deceased)
1/1.     Dharmchand Mamodia S/o Late Sh. Tarachand Gupta, R/o
         2, Alkapuri, Alwar.
1/2.     Vijay Mamodia S/o Late Sh. Tarachand Gupta, R/o 2,
         Alkapuri, Alwar.
1/3.     Ashok Mamodia S/o Late Sh. Tarachand Gupta, R/o 2,
         Alkapuri, Alwar.
1/4.     Umakant Mamodia S/o Late Sh. Tarachand Gupta, R/o 2,
         Alkapuri, Alwar.
1/5.     Smt. Guddi D/o Late Sh. Tarachand Gupta W/o Sh.
         Srikant,   R/o     2,    Alkapuri,        Alwar.        At   Present   R/o
         Mansarovar, Jaipur.
                                                                  ----Respondents

For Petitioner(s)           :    Mr. Ajay Goyal.
For Respondent(s)           :    Mr. Mohit Gupta.



            HON'BLE MR. JUSTICE INDERJEET SINGH

                                     Order

29/11/2022

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

against the judgment dated 25.03.2022 passed by the Appellate

Rent Tribunal, Alwar in Appeal No.59/2019, whereby the appeal filed

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

dated 26.04.2019 passed by the Rent Tribunal, Alwar was dismissed

(2 of 3) [CW-13218/2022]

and the petitioner-tenant was directed to vacate the disputed

premises.

2. After arguing for some time, Mr. Ajay Goyal, 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.

3. Mr. Mohit Gupta, 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 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 commencing from 1st December, 2022

shall pay to the respondents-landlords mesne profits @ Rs.6,000/-

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,

Alwar 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

(3 of 3) [CW-13218/2022]

the immediate execution of the judgment and possession certificate

dated 26.04.2019 and obtain possession of the disputed premises

forthwith in accordance with law.

(INDERJEET SINGH),J

JYOTI /51

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