Rajasthan High Court
M/S Jaipur Glass And Potteries A ... vs Smt. Pramila Laad W/O (Late) Shri ... on 20 October, 2023
Bench: Ganesh Ram Meena
[2023:RJ-JP:31244]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15777/2023
M/s Jaipur Glass And Potteries A Unit Of Vijay Solvex Limited,
Having Its Registered Office At Bhagwati Sadan, Sd Marg, Alwar
And Having Administrative Office At Tonk Road, Jaipur
(Rajasthan) Through Its Director Shri Daya Kishan Data
----Petitioner
Versus
1. Smt. Pramila Laad W/o (Late) Shri V.k. Laad, R/o C-117
A, Mangal Marg, Bapu Nagar, Jaipur
2. Smt. Rajendra Laad S/o Shri Darshal Laad, Represent
Through Power Of Attorney Holder Smt. Pramila Laad W/o
(Late) Shri V.k. Laad R/o C-117 A, Mangal Marg, Bapu
Nagar, Jaipur
3. Smt. Madhuri Laad W/o Shri Rajendra Laad, Represent
Through Power Of Attorney Holder Smt. Pramila Laad W/o
(Late) Shri V.k. Laad R/o C-117 A, Mangal Marg, Bapu
Nagar, Jaipur
4. Shri Himanshu Kakkad S/o Shri Anup Chand Kakkad,
Represent Through Power Of Attorney Holder Smt.
Pramila Laad W/o (Late) Shri V.k. Laad R/o C-117 A,
Mangal Marg, Bapu Nagar, Jaipur
5. Smt. Mrudula Kakkad W/o Shri Himanshu Kakkad,
Represent Through Power Of Attorney Holder Smt.
Pramila Laad W/o (Late) Shri V.k. Laad R/o C-117 A,
Mangal Marg, Bapu Nagar, Jaipur
----Respondents
For Petitioner(s) : Ms. Sukriti Kasliwal
For Respondent(s) : Mr. Bipin Gupta
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
20/10/2023
1. Instant writ petition has been filed by the petitioner-tenant
against the judgment dated 03.06.2023 passed by the Rent
[2023:RJ-JP:31244] (2 of 3) [CW-15777/2023]
Appellate Tribunal, Jaipur Raj. in Appeal No.63/2022, whereby the
appeal filed by the petitioner-tenant against the judgment &
decree of eviction dated 01.08.2022 passed by the Rent Tribunal,
Jaipur in Original Application No.540/2015 was dismissed and the
petitioner-tenant was directed to vacate the disputed shop.
2. After arguing at some length, learned counsel for the
petitioner-tenant, on instructions from her client, submits that the
petitioner-tenant shall vacate the disputed premises by
20.10.2024.
3. Learned counsel for the respondent-landlord on instructions
from his client agreed to the proposal of the learned counsel for
the petitioner-tenant.
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 20.10.2024 with a condition that the
petitioner would hand over the vacant possession of the disputed
premises to the respondent-landlord on or before 20.10.2024.
(ii) The petitioner-tenant shall pay arrears of rent, if any, up to
01.11.2023 within a period of two months from today.
(iii) The petitioner-tenant shall pay rent to the respondent-
landlord, as per order of the Rent Tribunal 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,
[2023:RJ-JP:31244] (3 of 3) [CW-15777/2023]
Jaipur 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 01.08.2022 and obtain possession of
the disputed premises forthwith in accordance with law.
(GANESH RAM MEENA),J
ARTI SHARMA /346
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