Lrs Of Jagdish Chandra (Jagdish ... vs Firm Sagar Chander And Company ...
2022 Latest Caselaw 12018 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13540/2022

1. Lrs' of Jagdish Chandra (Jagdish Chand), S/o Shri Bal Kishan, 1/1. Dushyant Goyal S/o Late Sh. Jagdish Chandra (Jagdish Chand), Aged About 59 Years, By Caste Goyal (Agarwal), R/o Flat No. 304, Mangaldeep Apartment, Near Bhaskar Circle, Ratanada, Jodhpur, Rajasthan.

----Petitioners Versus Firm Sagar Chander and Company (HUF Firm), through its Karta-Manager Chander Sagar S/o Late Shri Sagarmal, R/o D-118, Shastri Nagar, Jodhpur, Rajasthan.

----Respondent

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 18.08.2022 passed by learned Appellate Rent Tribunal,

Jodhpur Metro affirming the order dated 22.09.2021 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 him. On the eviction

proceedings having been undertaken 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 18.08.2022.

(2 of 2) [CW-13540/2022]

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 to pay the rent due to

the respondent as ordered by the learned Rent Tribunal vide its

order dated 22.09.2021 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 22.09.2021 &

18.08.2022 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.

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

shall stand disposed of accordingly.

(VINIT KUMAR MATHUR),J 405-Shahenshah/-

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