Rakesh Mittal S/O Shri Omprakash vs Smt. Mithlesh W/O Shri Rakesh ...
2023 Latest Caselaw 729 Raj/2

[2023/RJJP/000243]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 18791/2022

1.       Rakesh Mittal S/o Shri Omprakash, Aged About 48 Years,
         R/o Gopalgarh, Bharatpur, Rajasthan.
2.       Satyaprakash Mittal S/o Shri Omprakash, Aged About 52
         Years, R/o Gopalgarh, Bharatpur, Rajasthan.
                                                                  ----Petitioners
                                    Versus
Smt. Mithlesh W/o Shri Rakesh, Aged About 55 Years, R/o Mori
Char Bhag, Bharatpur, Tehsil And District Bharatpur.
                                                                 ----Respondent

For Petitioner(s)         :     Mr. Tara Chand Sharma.
For Respondent(s)         :     Mr. J.K. Moolchandani.


            HON'BLE MR. JUSTICE INDERJEET SINGH
                           Order

23/01/2023

1. Instant writ petition has been filed by the petitioners-tenants

against the judgment dated 21.11.2022 passed by the Appellate

Rent Tribunal, Bharatpur in Appeal No.01/2015, whereby the appeal

filed by the petitioners-tenants against the judgment & decree of

eviction dated 30.07.2015 passed by the Rent Tribunal, Bharatpur

was partly allowed and the petitioners-tenants was directed to vacate

the disputed premises.

2. After arguing for some time, Mr. Tara Chand Sharma, learned

counsel for the petitioners-tenants, on instructions from their client,

submits that the petitioners-tenants 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 petitioners-tenants.

[2023/RJJP/000243] (2 of 2) [CW-18791/2022]

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

writ petition is disposed of with the following directions:-

(i) The petitioners-tenants shall be entitled to continue in

occupation of the disputed premises till 31.01.2025 with a condition

that they would hand over the vacant possession of the disputed

premises to the respondent-landlord on or before 31.01.2025.

(ii) The petitioners-tenants shall pay arrears of rent, if any, up to

31.01.2023 within a period of two months from today.

(iii) The petitioners-tenants commencing from 1st February, 2023

shall pay to the respondent-landlord mesne profits @

Rs.6,000/- per month on or before 10th of each month.

(iv) The petitioners-tenants shall not alienate or otherwise create

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

any other person.

(v) Further, the petitioners-tenants 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 30.07.2015 and obtain possession of the disputed

premises forthwith in accordance with law.

(INDERJEET SINGH),J

MG/113

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