Parmanand vs Shri Kamalnayan
2022 Latest Caselaw 11659 Raj

Citation : 2022 Latest Caselaw 11659 Raj
Judgement Date : 19 September, 2022

Rajasthan High Court - Jodhpur

Parmanand vs Shri Kamalnayan on 19 September, 2022

Bench: Vijay Bishnoi

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 9965/2022

Parmanand S/o Khoobchand Sindhi, Aged About 67 Years, Caste

Sindhi R/o C/o Rameshchandra Jitendra Kumar, Bazaar No. 3,

Bhopalganj, Bhilwara (Raj.)

----Petitioner Versus Shri Kamalnayan S/o Kanakmal Agarwal, Aged About 82 Years,

R/o Bhadada Mohalla, Bhilwara (Raj.)

----Respondent

For Petitioner(s) : Mr. O.P. Mehta (through VC) Mr. VD Gaur For Respondent(s) : Mr. Bhavit Sharma

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

19/09/2022

The petitioner-non-applicant has preferred this writ petition

being aggrieved by the impugned judgment and decree dated

26.04.2022 passed by the Appellate Rent Tribunal, Bhilwara in

Rent Appeal No.30/2018, whereby the appeal of the petitioner has

been dismissed and the judgment dated 17.02.2018 passed by

the Rent Tribunal, Bhilwara has been affirmed.

By the judgment dated 17.02.2018, the Rent Tribunal,

Bhilwara allowed the original application filed by the respondent

for eviction and recovery of rent against the petitioner on the

ground of reasonable and bonafide necessity.

(2 of 4) [CW-9965/2022]

Learned counsel for the petitioner, upon instructions, has

submitted that the petitioner does not want to press this writ

petition on merits, however, pray that reasonable time may be

granted to him to handover the vacant and peaceful possession of

the suit premises.

Learned counsel for the respondent submits that respondent

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.10,000/- 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 learned counsel for both the

parties, the present writ petition of the petitioner is dismissed as

not pressed on merits with the following directions :-

(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-applicant on or before 31.03.2024 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 31.03.2024.

(ii) The petitioner shall pay the mesne profit of Rs.10,000/-

per month from the date the rent is due and further

continue to pay mesne profit every month by 15 th day

(3 of 4) [CW-9965/2022]

of the next succeeding months or in advance to the

respondent uptill vacant possession is handed over to

the respondent-landlord. 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 three months from today and entire amount

including the amount already deposited on this account

will be disbursed to the respondent.

(iii) The petitioner-defendant shall further undertake that

he will not sublet, 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 does 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 shall give the details of his bank

account number in which the arrears of rent or mesne