Satyaprakash vs Pukhraj
2022 Latest Caselaw 11334 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7899/2022 Satyaprakash S/o Shri Ganpatlal Ji, Aged About 52 Years, By Caste Mathur, Owner Of Jai Bajrang Motor Rewinding Works, 218, Gudlai Marg, Mandiya Road, Pali, R/o 1-D-25, Kamla Nehru Nagar, Pali.

----Petitioner Versus Pukhraj S/o Shri Kesaram Ji, By Caste Kumawat, R/o 124, Mahatma Gandhi Colony, Ramdev Road, Pali.

                                                                   ----Respondent


For Petitioner(s)        : Mr. Rakesh Arora with Mr. Hardik Gautam
For Respondent(s)        : Mr. M.S. Godara


         HON'BLE MR. JUSTICE VIJAY BISHNOI
                       Order
12/09/2022

The petitioner has preferred this writ petition being

aggrieved by the impugned judgment and decree dated

22.03.2022 passed by the Appellate Rent Tribunal, Pali in

Rent Appeal No.01/2020, whereby the appeal of the

petitioner has been dismissed and the judgment dated

16.10.2019 passed by the Rent Tribunal, Pali has been

affirmed. By the judgment dated 16.10.2019, the Rent

Tribunal, Pali 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.

Learned counsel for the respondent agrees that he has

no objection if reasonable time is given to the petitioner to

(2 of 3) [CW-7899/2022]

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.1,000/- 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 respondents 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 31.12.2024 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 31.12.2024 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

31.12.2024.

(ii) The petitioner shall pay the mesne profit of

Rs.1,000/- 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

(3 of 3) [CW-7899/2022]

also be paid by the petitioner within a period of 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.

31.12.2024 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.

(VIJAY BISHNOI),J 70-Arun/-

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