Marry Mandoza vs Lrs Of Rajendra Singhvi
2022 Latest Caselaw 12015 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14335/2022

Smt. Marry Mandoza W/o Late Shri Anthony Mandoza, Aged About 70 Years, By Caste Christian, Resident of House No. A-46, Behind Rajshree Tiles, Rameshwar Nagar, Basni-I Phase, Jodhpur, Rajasthan.

----Petitioner Versus

1. Lrs' of Rajendra Singhvi, S/o Late Jasroop Chand Singhvi, 1/1 Smt. Kirsan Singhvi W/o Late Jasroop Chand Singhvi, 1/2 Ranish Singhvi S/o Late Jasroop Chand Singhvi, 1/3 Manish Singhvi S/o Late Jasroop Chand Singhvi, 1/4 Deepali Singhvi D/o Late Jasroop Chand Singhvi,

R/o Rajasthani Granthagar, Near Gajanand Temple, Sojati Gate, Jodhpur Permanent Address House No. 9, Maharaja Dilip Singh Colony, JDA, Jodhpur, Rajasthan.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Manish Patel
For Respondent(s)         :     Mr. Jitendra Chopra

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

29/09/2022

Heard learned counsel for the parties.

The present writ petition has been filed against the judgment

dated 26.08.2022 passed by learned Appellate Rent Tribunal,

Jodhpur Metro affirming the order dated 10.07.2019 passed by

learned Rent Tribunal, Jodhpur Metro.

Learned counsel for the petitioner submits that the petitioner

is tenant of the shop which was rented out to her by the

respondent. On the eviction proceedings having been undertaken

(2 of 2) [CW-14335/2022]

by the respondent, the same were allowed against which the

petitioner preferred an appeal before the Appellate Rent Tribunal

which has been dismissed vide judgment dated 26.08.2022.

Learned counsel for the petitioner, without pressing the writ

petition on merits, undertakes that the petitioner will give the

vacant and peaceful possession of the shop to the respondent on

or before 31.03.2024. He also undertakes that the petitioner will

pay the rent due to the respondent as ordered by the learned Rent

Tribunal vide its order dated 10.07.2019 within a period of three

months from today.

The proposal given by the learned counsel for the petitioner

is gracefully accepted by the learned counsel for the respondent.

In view of the above, the orders dated 10.07.2019 &

26.08.2022 passed by learned Rent Tribunal, Jodhpur and learned

Appellate Rent Tribunal, Jodhpur respectively are upheld and the

writ petition is disposed of with a direction to the petitioner to

hand over the vacant and peaceful possession of the shop in

question to the respondent on or before 31.03.2024. The

petitioner shall also pay the rent due as determined by the Rent

Tribunal, Jodhpur Metro within a period of three months from

today. Further, the petitioner shall pay an amount of Rs.1500/- per

month w.e.f. 01.10.2022 till the vacant possession is handed over

to the respondents.

Stay application as well as other pending applications, if any,

shall stand disposed of accordingly.

(VINIT KUMAR MATHUR),J 313-Shahenshah(28/9)/-

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