Smt. Anju Devi vs Muthaji Ka Mandir Trust
2022 Latest Caselaw 11717 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9221/2022 Smt. Anju Devi W/o Surendra Singh, Aged About 40 Years, R/o Shop No. 15-S, Shri Muthaji Mandir Trust, Outside Nagori Gate, Mahamandir Road, Jodhpur (Raj.).

----Petitioner Versus Muthaji Ka Mandir Trust, Through Its Secretary, Sanjay Mehta S/o Mohan Lal Mehta, R/o Deewano Ki Gali, Jodhpur (Raj.).

                                                                   ----Respondent


For Petitioner(s)          :    Mr. D.L.R. Vyas
For Respondent(s)          :    Mr. K.N. Vyas



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                                     Order

20/09/2022

The petitioner-non-applicant has preferred this writ petition

being aggrieved by the impugned judgment and decree dated

19.05.2022 passed by the Appellate Rent Tribunal, Jodhpur

Metropolitan, Jodhpur in Rent Appeal No.65/2019, whereby the

appeal of the petitioner has been dismissed and the judgment

dated 05.08.2019 passed by the Rent Tribunal, Jodhpur

Metropolitan has been affirmed. By the judgment dated

05.08.2019, the Rent Tribunal, Jodhpur Metropolitan has 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.

Learned counsel for the petitioner upon instructions submits

that the petitioner does not want to press this writ petition on

(2 of 4) [CW-9221/2022]

merits, however, prays that reasonable time may be granted to

her to handover the vacant and peaceful possession of the suit

premises.

Learned counsel for the respondent agrees that the

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.5,000/- 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 of the petitioner is dismissed as not

pressed on merits with a direction to the petitioner to submit an

undertaking to the effect that she will handover the peaceful and

vacant possession of the suit premises to the respondent-landlord

on or before 31.03.2023 with the following conditions:-

(i) The petitioner shall submit an undertaking to the effect that

she shall handover the vacant and peaceful possession of the

suit premises in dispute to the respondents-applicant on or

before 31.03.2023 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

31.03.2023.

                                               (3 of 4)                   [CW-9221/2022]


(ii)    The petitioner shall pay the mesne profit of Rs.5,000/- per

month from the date the rent is due and shall further

continue to pay mesne profit every month by 15 th day of the

next succeeding month or in advance to the respondent up

till 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 she 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 she 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 will give the details of their 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 its favour

executed forthwith even before the aforesaid dated i.e.

(4 of 4) [CW-9221/2022]

31.03.2023 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.

(VIJAY BISHNOI),J

Abhishek Kumar S.No.336

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