Mohammad Yusif Khan Son Of Jumma vs Vidya Devi Wife Of Prahlad Lal ...
2023 Latest Caselaw 893 Raj/2

[2023/RJJP/000670]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 1675/2023

1.       Mohammad Yusif Khan Son Of Jumma, (Since Deceased)
         Through Legal Heirs
2.       Mohammad Anees Son Of Shri Mohammed Yusuf, Aged
         About 42 Years, Resident Of Kashida Gali, Gangapur City,
         District Sawai Madhopur.
                                                                   ----Petitioners
                                    Versus
1.       Vidya Devi Wife Of Prahlad Lal Gupta, Resident Of Baid
         Colony, Gangapur City, District Sawai Madhopur.
2.       Mohd. Yunis Son Of Mohd. Yusuf, Resident Of Gangapur
         City, District Sawai Madhpur.
3.       Mohd. Aleem Son Of Mohd. Yusuf, Resident Of Gangapur
         City, District Sawai Madhpur.
4.       Sunil Kumar Goyal Son Of Late Mohan Lal Goyal, Resident
         Of Hospital Road, Infront Of Dr. C.p. Gupta Bunglow,
         Gangapurcity District Sawai Madhopur. (Name Struck Out
         On Dated 07.02.2020)
                                                                 ----Respondents

For Petitioner(s)          :    Mr. Nitesh Pareek.
For Respondent(s)          :    Mr. L.L. Gupta.



            HON'BLE MR. JUSTICE INDERJEET SINGH

                                     Order

27/01/2023

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

against the judgment dated 26.08.2022 passed by the Appellate

Rent Tribunal, Sawai-Madhopur in Appeal No.03/2020, whereby the

appeal filed by the petitioners-tenants against the judgment &

decree of eviction dated 09.01.2020 passed by the Rent Tribunal,

[2023/RJJP/000670] (2 of 3) [CW-1675/2023]

Gangapur City was dismissed and the petitioners-tenants were

directed to vacate the disputed premises.

2. After arguing for some time, Mr. Nitesh Pareek, learned counsel

for the petitioners-tenants, on instruction from their client, submits

that the petitioners-tenants shall vacate the disputed premises on or

before 31.07.2024.

3. Mr. L.L. Gupta, learned counsel appearing on behalf of the

respondents-landlords on instruction from their client agreed to the

proposal of the learned counsel for the petitioners-tenants.

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 31.07.2024 with a condition

that they would hand over the vacant possession of the disputed

premises to the respondents-landlords on or before 31.07.2024.

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

up to 31.01.2023 within a period of two months from today.

(iii) The petitioners-tenants shall pay rent to the respondents-

landlords, commencing from 1st February, 2023, as per order of the

Rent Tribunal 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,

Gangapur City within a period of thirty days, from the date of this

order. In case petitioners-tenants fail to submit the undertaking as

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

[2023/RJJP/000670] (3 of 3) [CW-1675/2023]

breaches the conditions of this order, the respondents-landlords shall

be entitled to the immediate execution of the judgment and

possession certificate dated 09.01.2020 and obtain possession of the

disputed premises forthwith in accordance with law.

(INDERJEET SINGH),J

JYOTI /213

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