Shiv Lal Parihar vs Kailash @ Kailash Viashnav
2022 Latest Caselaw 12549 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13284/2022

Shiv Lal Parihar S/o Sh. Mohan Lal Parihar, Aged About 50 Years, By Caste Ghanchi, Address - Sunny Art Studio And Video Shooting, Near Najar Ji Ki Bawari, Jalori Gate, Jodhpur.

----Petitioner Versus Kailash @ Kailash Viashnav S/o Late Sh. Dayaram Vaishnav, Aged About 52 Years, By Caste Brahmin, Address - Sunny Art Studio And Video Shooting, Near Nagar Ji Ki Bawari, Jalori Gate, Jodhpur.

----Respondent

For Petitioner(s) : Mr. Vikas Chouhan with Mr. Shyam Sunder Bundela For Respondent(s) : Mr. Shreedhar Mehta

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

19/10/2022

The petitioner has preferred this writ petition being

aggrieved by the impugned judgment and decree dated

04.08.2022 passed by the Rent Appellate Tribunal, Jodhpur in

Rent Appeal No.9/2022, whereby the appeal of the petitioner has

been dismissed and the judgment dated 21.12.2021 passed by

the Rent Tribunal, Jodhpur has been affirmed. By the judgment

dated 21.12.2021, the Rent Tribunal, Jodhpur has allowed the

Original Application filed by the respondent for eviction and

recovery of rent against the petitioner.

Learned counsel for the petitioner, upon instructions, submits

that the petitioner does not want to press the 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.

(2 of 3) [CW-13284/2022]

Learned counsel for the respondent 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.6,000/- per month from the date the rent is due

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 the

respondent.

Accordingly, with the consent of both the learned counsel,

the present writ petition 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 vacant possession of

the suit premises to the respondent 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 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.6,000/-

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 respondent up till vacant

possession is handed over to the respondent. 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

(3 of 3) [CW-13284/2022]

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

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 do 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

October, 2022 and one copy thereof along with affidavit in this

Court.

(v) The respondent will give the details of his bank account

number in which the arrears of rent or mesne profit and 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 respondent to get the decree passed in his favour executed

forthwith even before the aforesaid dated i.e. 31.12.2023 and the

respondent 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.

(VINIT KUMAR MATHUR),J 222-Nitin/-

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