M/S Sawan Digital Studio vs Manmohan Singh Sethi Son Of Late ...
2023 Latest Caselaw 6177 Raj/2

[2023:RJ-JP:30820]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 15538/2023
1.       M/s Sawan Digital Studio, Video Shooting 28/434, Kotdi
         Road, Gumanpura Kota Through Propeirtor
2.       Rajesh Verma S/o Of Late Tulsiram Ji Sawan, R/o 2-Tha-
         5, Teachers Colony Keshavpura Kota, Rajasthan.
                                                                   ----Petitioners
                                     Versus
Manmohan Singh Sethi Son Of Late Heeranand, R/o Of 30-B,
Ballabh Nagar, Kota, Rajasthan
                                                                  ----Respondent

For Petitioner(s)          :     Mr. Bipin Gupta
For Respondent(s)          :     Mr. S.S. Hora


        HON'BLE MR. JUSTICE INDERJEET SINGH
                       Order
19/10/2023

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

against the judgment dated 11.08.2023 passed by the Appellate

Rent Tribunal, Kota in Appeal No.(CIS No.12/2020 (CNR No.RJKTOB-

00017-2020), whereby the appeal filed by the petitioners-tenants

against the judgment & decree of eviction dated 05.12.2019 passed

by the Rent Tribunal, Kota was dismissed and the petitioner-tenant

was directed to vacate the disputed premises.

2. After arguing for some time, Mr. Bipin Gupta, learned counsel

for the petitioners-tenants, on instructions from his client, submits

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

before 31.12.2024.

3. Mr. S.S. Hora, learned counsel appearing on behalf of the

respondent-landlord on instruction from their client agreed to the

proposal of the learned counsel for the petitioners-tenants.

[2023:RJ-JP:30820] (2 of 2) [CW-15538/2023]

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 respondent-landlord on or before 31.12.2024.

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

31.10.2023 within a period of two months from today.

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

landlord, commencing from 1st November, 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, Kota

within a period of thirty days, from the date of this order. In case

petitioners-tenants 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 05.12.2019 and obtain possession of the disputed premises

forthwith in accordance with law.

(INDERJEET SINGH),J

Naval Kishor/258

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