Lokesh S/O Shri Bihari Lal vs Smt. Vimla Devi W/O Late Shri Uttam ...
2023 Latest Caselaw 164 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 13180/2022

Lokesh S/o Shri Bihari Lal, Aged About 47 Years, Resident Of
Firm L.k. Jeweller, Laxman Mandir Tehsil And District Bharatpur
(Raj.)
                                                                  ----Petitioner
                                   Versus
Smt. Vimla Devi W/o Late Shri Uttam Chand, Resident Of
Basangate, Bharatpur (Raj.)
                                                                ----Respondent

For Petitioner(s)        :     Mr. R.K. Daga
For Respondent(s)        :     Mr. J.K. Moolchandani



           HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

05/01/2023

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

against the judgment dated 15.07.2022 passed by the Appellate

Rent Tribunal, Bharatpur in Appeal No.12/2015 (CIS No.13/2015),

whereby the appeal filed by the petitioner-tenant against the

judgment & decree of eviction dated 03.11.2015 passed by the Rent

Tribunal, Bharatpur was dismissed and the petitioner-tenant directed

to vacate the disputed premises.

2. After arguing for some time, Mr. R.K. Daga, learned counsel for

the petitioner-tenant, on instructions from his client, submits that

the petitioner-tenant shall vacate the disputed premises on or before

31.01.2025.

3. Mr. J.K. Moolchandani, learned counsel appearing on behalf of

the respondent-landlord on instructions from her client agreed to the

proposal of the learned counsel for the petitioner-tenant.

(2 of 2) [CW-13180/2022]

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 31.01.2025 with a condition that he

would hand over the vacant possession of the disputed premises to

the respondent-landlord on or before 31.01.2025.

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

up to 31.01.2025 within a period of two months from today.

(iii) The petitioner-tenant commencing from 1st January, 2023 shall

pay to the respondent-landlord mesne profits @

Rs.1,000/- per month 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,

Bharatpur 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 03.11.2015 and obtain possession of the disputed

premises forthwith in accordance with law.

(INDERJEET SINGH),J

Upendra Pratap Singh /76

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