Birdhi Lal Nagar Son Of Moti Lal ... vs Sarvajanik Sanstha Dharmada
2023 Latest Caselaw 491 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 18672/2022

Birdhi Lal Nagar Son Of Moti Lal Nagar, Aged About 62 Years, R/o
Kalmanda, Tehsil And District Baran (Rajasthan)
                                                                  ----Petitioner
                                   Versus
Sarvajanik Sanstha Dharmada, Baran , District Baran, Registered
Society Registration No. 56/64-65 Through Its President Lalit
Kumar Agrawal Son Of Jagdish Prasad Agrawal, Aged About 50
Years, Resident Of New Civil Lines, Baran District Baran
(Rajasthan)
                                                                ----Respondent

For Petitioner(s)        :     Mr. Rajneesh Gupta.
For Respondent(s)        :     Mr. Sanjay Singhal.



           HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

13/01/2023

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

against the judgment dated 01.10.2022 passed by the Appellate

Rent Tribunal, Baran District Baran in Appeal No.04/2021, whereby

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

decree of eviction dated 04.09.2021 passed by the Rent Tribunal,

Ajmer was dismissed and the petitioner-tenant was directed to

vacate the disputed premises.

2. After arguing for some time, Mr. Rajneesh Gupta, learned

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

submits that the petitioner-tenant shall vacate the disputed premises

on or before 31.07.2024.

3. Mr. Sanjay Singhal, 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.

(2 of 2) [CW-18672/2022]

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 31.07.2024 with a condition that he

would hand over the vacant possession of the disputed premises to

the respondent-landlord on or before 31.07.2024.

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

up to 31.01.2023 within a period of one month from today.

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

pay to the respondent-landlord mesne profits @

Rs.3,000/- 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,

Baran 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 04.09.2021 and obtain possession of the disputed premises

forthwith in accordance with law.

(INDERJEET SINGH),J

MG/47

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