Rajesh Agarwal S/O Krishnakant ... vs Kamlesh Kumar S/O Hanuman Das ...
2023 Latest Caselaw 1767 Raj/2

[2023/RJJP/002043]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 1465/2023

Rajesh Agarwal S/o Krishnakant Agarwal, Aged About 55 Years,
Krishna Offset, Bajariya, Sawai Madhopur
                                                                   ----Petitioner
                                    Versus
Kamlesh Kumar S/o Hanuman Das, Aged About 68 Years, R/o
Chaudhary Mohalla, City Sawai Madhopur
                                                                 ----Respondent

For Petitioner(s) : Ms. Harshita Sharma for Dr. Mahesh Sharma.

For Respondent(s) : Mr. Mukesh Kumar Goyal.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

07/02/2023

1. Instant writ petition has been filed by the petitioner-tenant

against the judgment dated 29.11.2022 passed by the Appellate

Rent Tribunal, Sawai-Madhopur in Appeal No.01/2022, whereby the

appeal filed by the petitioner-tenant against the judgment & decree

of eviction dated 07.12.2021 passed by the Rent Tribunal, Sawai-

Madhopur was dismissed and the petitioner-tenant was directed to

vacate the disputed premises.

2. After arguing for some time, Ms. Harshita Sharma, learned

counsel for the petitioner-tenant, on instructions from his client,

submits that the petitioner-tenant shall vacate the disputed premises

on or before 31.12.2024.

3. Mr. Mukesh Kumar Goyal, learned counsel appearing on behalf

of the respondent-landlord on instructions from his client agreed to

the proposal of the learned counsel for the petitioner-tenant.

[2023/RJJP/002043] (2 of 2) [CW-1465/2023]

4. In view of the consent of learned counsel for the parties, the

writ petition is disposed of with the following directions:-

(i) The petitioner-tenant shall be entitled to continue in occupation

of the disputed premises till 31.12.2024 with a condition that he

would hand over the vacant possession of the disputed premises to

the respondent-landlord on or before 31.12.2024.

(ii) The petitioner-tenant shall pay arrears of rent, if any, up to

28.02.2023 within a period of two months from today.

(iii) The petitioner-tenant shall pay rent to the respondent-landlord,

commencing from 1st January, 2023, as per order of the Rent

Tribunal on or before 10th of each month.

(iv) The petitioner-tenant shall not alienate or otherwise create

third party right, or hand over possession of the disputed premises to

any other person.

(v) Further, the petitioner-tenant shall submit an undertaking

incorporating the aforesaid conditions before the Rent Tribunal,

Sawai-Madhopur within a period of thirty days, from the date of this

order. In case petitioner-tenant fails to submit the undertaking as

directed by this court within a period of thirty days from today, or

breaches the conditions of this order, the respondent-landlord shall

be entitled to the immediate execution of the judgment and

possession certificate dated 07.12.2021 and obtain possession of the

disputed premises forthwith in accordance with law.

(INDERJEET SINGH),J

MG/130

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