Rajasthan High Court - Jodhpur
Ram Niwas vs Rent Control Tribunal, Nagaur ... on 8 August, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:25284]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 11085/2023
Ram Niwas S/o Sitaram Sankhla, Aged About 59 Years, Badi
Kua, Nagaur, District Nagaur
----Petitioner
Versus
1. Rent Control Tribunal, Nagaur, Nagaur
2. Himmataram S/o Ramchandra Sankhla, Kajiyon Ka
Chowk, Nagaur, District Nagaur
----Respondents
For Petitioner(s) : Mr. Tapendra Sankhla.
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
08/08/2023
1. The present writ petition has been preferred claiming the
following reliefs:-
"I. Quash the impugned Execution No.05/2017 as being
premature;
II. Set aside Impugned Order dated 29.05.2023 (Annexure-
1) and declare that the Petitioner is not liable to pay mesne
profit;
III Direct the Ld. Tribunal and Respondent Landlord to keep
the Execution Proceedings in abeyance till 31.06.2024 as per
Section 15 (8) of the Act."
2. The following order was passed by a Coordinate Bench of this
Hon'ble Court in the case of Ram Niwas Vs. Himmata Ram &
Anr. (S.B. Civil Writ Petition No.9797/2022) decided on
08.09.2022 ;-
"Heard learned counsel for the parties.
The present writ petition has been filed against the
order dated 02.06.2017 passed by learned Rent Tribunal,
whereby the application preferred by the respondent
under Section 9 of the Rajasthan Rent Control Act, 2001
(D.B. SAW/900/2023 has been filed in this matter. Please refer the same for further orders)
(Downloaded on 12/11/2023 at 04:05:33 AM)
[2023:RJ-JD:25284] (2 of 3) [CW-11085/2023]
was allowed and the petitioner/tenant was directed to
vacate the rented premises and hand over the peaceful
possession of the same to the respondent/landlord.
Against the order dated 02.06.2017, the petitioner
preferred an appeal before learned Appellate Rent
Tribunal, Merta but the same was also dismissed vide
order dated 24.05.2022.
Learned counsel for the petitioner, without joining
the issue on merit, submits that since the petitioner is
occupying the rented premises which is a shop since
1990, therefore, a reasonable time may be granted to
him for vacating the shop and hand over the peaceful
possession of the shop to the respondent/landlord.
The proposal made by learned counsel for the
petitioner is gracefully accepted by learned counsel for
the respondent and he submits that a reasonable time
may be granted to the petitioner for vacating the shop
and the petitioner may be directed to pay the entire dues
as ordered by learned Courts below. He further submits
that till the petitioner hands over the possession of the
shop to the respondent, he may be directed to pay the
rent due.
In view of the submissions made before this Court,
the writ petition is dismissed. The order dated
02.06.2017 passed by Rent Tribunal, Nagour and the
order dated 24.5.2022 passed by learned Rent Appellate
Tribunal, Merta are upheld but in the circumstances, the
petitioner is directed to hand over the vacant and
peaceful possession of the rented premises to the
respondent on or before 31/12/2023.
It is made clear that this order will be effective only
if the petitioner pays the rent due of the respondent as
determined by learned Courts below within a period of
three months from today and thereafter shall continue to
pay the rent as determined by the Courts below till the
vacant possession of the shop is handed over to the
respondent.
The petitioner shall continue to pay the monthly
rent by 10th of every month.
The stay application also stands dismissed."
3. Learned counsel for the petitioner submits that the increase
rent, which is three times the rent as per the provision of Section
20(3) of the Rent Control Act, 2001 is not in accordance with law.
(D.B. SAW/900/2023 has been filed in this matter. Please refer the same for further orders)
(Downloaded on 12/11/2023 at 04:05:33 AM)
[2023:RJ-JD:25284] (3 of 3) [CW-11085/2023]
4. Learned counsel for the petitioner further submits that this
Court had only directed the normal rent to be deposited and the
rent in accordance with Section 20(3) of the Act of 2001 was not
called for.
5. This Court finds that the order passed by this Court in
aforesaid writ petition bearing No.9797/2022 is comprehensive
and gives liberty for revision of rent to be determined by the
learned trial court and this cannot be curtailed on the ground that
the revision of rent was already done by the learned trial court.
The law permits such revision of rent and the judgment also
permits.
6. In view of the above, no cause of interference is made out.
Consequently, the present petition is dismissed. All pending
applications stand disposed of
(DR.PUSHPENDRA SINGH BHATI), J.
283-/Jitender//-
(D.B. SAW/900/2023 has been filed in this matter. Please refer the same for further orders)
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