Munna S/O Nooruddin vs Pramod S/O Ramdayal
2022 Latest Caselaw 6848 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 4031/2022

Munna & Ors.
                                                                           ----Petitioners
                                       Versus
Pramod & Ors.
                                                                      ----Respondents

For Petitioner(s)            :     Mr. Moin Uddin with
                                   Mr. Shamsuddin Ansari
For Respondent(s)            :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

20/10/2022

Learned counsel for the petitioners submits that under the

settlement agreement dated 5.5.2018 entered in between them

and the respondents, they were granted five years time to vacate

the subject rented premises subject to payment of monthly rent @

Rs.3,000/-. He submits that it was further agreed therein that

violation of any terms and conditions of the agreement would

entail early execution of the recovery certificate issued by the

learned Appellate Rent Tribunal, Karauli vide its judgment dated

25.1.2018. Learned counsel submits that alleging that rent from

2.4.2021 to 2.8.2021, i.e., four months, was not paid in time, the

respondents initiated execution proceedings. He submits that

overruling their objection that they could not pay the rent for the

subject period on account of lockdown in the wake of Covid-19

and were ready and willing to pay the same, the learned executing

Court has issued warrant of possession vide order dated

24.12.2021. Learned counsel submits that on an earlier occasion

(2 of 2) [CW-4031/2022]

also, the rent deposited by them for a period of four months, i.e.,

May, June, July and August, 2020 with delay, i.e., on 3.9.2020,

was accepted by the respondents as the delay had occurred on

account of Covid situation. He submits that the delay should not

have been treated as deliberate breach of terms of settlement

agreement as it was on account of unprecedented situation in the

wake of Covid-19 which brought the entire country to standstill.

Issue notice of the writ petition as well as the stay

application. Notices be given "dasti". Additionally, the petitioners

are permitted to serve the respondents through their counsel(s)

appearing before the learned Executing Court.

List this case on 15.11.2022 as prayed.

Heard learned counsel on interim relief.

Taking into considerations the contentions advanced by him

and material on record, this Court deems it just and proper to

stay the operation and execution of the judgment dated 25.1.2018

passed by learned Appellate Rent Tribunal, Karauli in Appeal

No.5/2017, till the next date.

(MAHENDAR KUMAR GOYAL),J

Anu /67

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