Mohan Lal Verma Son Of Prabhu Lal vs Ramji Lal Vijay Son Of Shri ...
2023 Latest Caselaw 992 Raj/2

[2023/RJJP/000758]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 11885/2021
Mohan Lal Verma Son Of Prabhu Lal, Aged About 50 Years,
Resident Of Baby Stare Drycleaners, Near Railway Boundary,
Infont Of Fashion Point, Dausa, District Dausa.
                                                                   ----Petitioner
                                    Versus
Ramji Lal Vijay Son Of Shri Badrinarain Vijay, Resident Of
Manganj, Dausa, District Dausa, Rajasthan.
                                                                 ----Respondent

For Petitioner(s) : Mr. M.M. Ranjan, Sr. counsel assisted by Mr. Rajat Ranjan, Adv.

For Respondent(s)          :    Mr. O.P. Mishra, Adv.
                                Mr. Ajay Verma, Adv.



            HON'BLE MR. JUSTICE INDERJEET SINGH

                                     Order

30/01/2023

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

against the judgment dated 28.07.2021 passed by the Appellate

Rent Tribunal, Jaipur in Appeal No.10/2019, whereby the appeal filed

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

dated 15.04.2019 passed by the Rent Tribunal, Dausa was dismissed

and the petitioners-tenants were directed to vacate the disputed

premises.

2. After arguing for some time, Mr. M.M. Ranjan, Sr. Counsel,

learned counsel for the petitioners-tenants, on instruction from their

client, submits that the petitioners-tenants shall vacate the disputed

premises on or before 31.12.2024.

[2023/RJJP/000758] (2 of 2) [CW-11885/2021]

3. Mr. O.P. Mishra, 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 31.12.2024 with a condition

that they would hand over the vacant possession of the disputed

premises to the respondents-landlords on or before 31.12.2024.

(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 @ Rs.6000/- per month, commencing from 1st February,

2023, 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,

Dausa 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 breaches the

conditions of this order, the respondents-landlords shall be entitled to

the immediate execution of the judgment and possession certificate

dated 15.04.2019 and obtain possession of the disputed premises

forthwith in accordance with law.

(INDERJEET SINGH),J

JYOTI /37

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