Surendra Kumar vs Smt. Saroj Rani ...
2023 Latest Caselaw 5452 Raj

[2023:RJ-JD:24285]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6639/2021 Surendra Kumar S/o Kedar Nath, Aged About 60 Years, Kanodiya Tractors, Ganga Shahar, Bikaner.

----Petitioner Versus Smt. Saroj Rani W/o Kan Singh, By Caste Rajput, Resident Of Inside Gogagate, Bikaner.

----Respondent

For Petitioner(s) : Mr. Shree Kant Verma For Respondent(s) : Mr. Surendra Thanvi

HON'BLE DR. JUSTICE NUPUR BHATI Order 01/08/2023

1. The present writ petition has been filed with following

prayers:-

(I) the impugned judgment dated 16.02.2021

(Annexure-5) passed by the learned Rent Appellate

Tribunal, Bikaner as well as judgment dated 11.03.2014

(Annexure-3) passed by learned Rent Tribunal, Bikaner

may kindly be quashed and set aside.

(ii) The respondent may kindly be restrained from

interfering in use and occupation of the petitioner in the

premises in question.

(iii) Any other appropriate writ, order or direction which

this Hon'ble Court deems just and proper may kindly be

passed in favour of the petitioner.

2. By way of this writ petition, the petitioner/tenant has

approached this Court for assailing the judgment dated

11.03.2014 passed by the Rent Tribunal, Bikaner allowing the

eviction application submitted by the respondent-landlord under

[2023:RJ-JD:24285] (2 of 3) [CW-6639/2021]

Section 9 of the Rajasthan Rent Control Act, 2001 and directing

the petitioner's eviction from the shop in question as affirmed by

the Rent Appellate Tribunal, Bikaner vide its judgment dated

16.02.2021.

3. Mr. Shree Kant Verma, learned counsel for the petitioner

candidly concedes that as two civil Courts of competent

jurisdiction have recorded concurrent findings of fact against the

petitioner, the scope of challenge to such judgments before this

Court in exercise of its supervisory jurisdiction is very limited. He

thus prays that the petitioner may be granted reasonable time to

vacate the shop in question and in such an eventuality, he shall

abide by the terms and conditions which may be imposed upon

him by this Court during the intervening period. He prays that the

petitioner may be allowed time till 01.08.2025 for vacating the

suit premises.

4. Learned counsel Shri Surendra Thanvi representing the

respondents landlord formally opposed the submissions advanced

by the learned counsel for the petitioner. However, he submits that

if the petitioner undertakes to vacate the suit premises by the end

of February, 2024 then the prayer of the petitioner may be

sympathetically considered.

5. In this view of the matter and in light of the submissions

advanced by the counsel for the parties, it is hereby directed that

the petitioner, shall furnish an undertaking before the trial Court

within a period of two weeks from today along with copy of this

judgment in the following terms:-

(i) That he shall vacate the suit premises latest by 01.02.2024.

[2023:RJ-JD:24285] (3 of 3) [CW-6639/2021]

(ii) He shall continue to make payment of mesne profit as per

law to the respondents landlord from February, 2021 till the date

the premises are actually vacated.

(iii) He shall clear the arrears of rent, if any, accruing to the

respondents for the suit premises within a period of four weeks

from today.

(iv) He shall not alter, alienate or sublet the suit premises.

(v) In the event of deviation from any of the terms and

conditions of the undertaking, the trial Court shall be at liberty to

direct immediate eviction of the petitioner from the shop in

question and restoration of possession thereof to the respondents.

6. Upon an undertaking in the above terms being furnished by

the petitioner with the trial Court within a period of two weeks

from today, the petitioner shall be given time upto 01.02.2024 for

vacating the shop in question and no coercive action shall be

taken against the petitioner and if the petitioner fails to comply

with the above mentioned directions, then the respondent-

landlord would be at liberty to execute the order of

eviction/decree dated 11.03.2014 passed by Rent Tribunal,

Bikaner which was subsequently affirmed by Rent Appellate

Tribunal, Bikaner vide judgment dated 16.02.2021.

7. The writ petition is disposed of with the above observations

and directions. The stay application, if any, also stands disposed

of.

(DR. NUPUR BHATI),J 17-amit/-

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