Rajasthan High Court - Jodhpur
Choru Lal vs Lrs Of Chandra Kant Sharma ... on 29 May, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:24516]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8385/2024
Choru Lal S/o Govind Ram, Aged About 70 Years, R/o Hanuman
Hatha, Bikaner, Rajasthan.
----Petitioner
Versus
1. Lrs Of Chandra Kant Sharma, S/o Shyam Sunder
(deceased) Through -
1/1. Smt. Vijaylakshmi D/o Late Chandra Kant, R/o
Banshiwala Bhawan, Dhobhi Dhora, Nearby Sursagar,
Bikaner.
2. Umesh Kumar S/o Shyam Sunder Sharma, R/o
Banshiwala Bhawan, Dhobhi Dhora, Nearby Sursagar,
Bikaner.
----Respondents
For Petitioner(s) : Mr. Rajdeep Singh Chouhan
HON'BLE DR. JUSTICE NUPUR BHATI
Order
29/05/2024
1. The present writ petition has been filed with following
prayers:-
I. Impugned judgment dated 24.08.2022 (Annex.4)
passed by the learned Rent Tribunal, Bikaner in Case
No.33/2015(40/2014) and order dated 18.04.2024
(Annex. 6) passed by the learned Appellate Rent Tribunal,
Bikaner in Rent Appeal No. 32/2022 may kindly be
quashed and set aside.
II. Any other appropriate order or direction, which this
Hon'ble Court considers just and proper in the facts and
circumstances of this case, may kindly be passed in favour
of the petitioners.
III. Costs of the writ petition may kindly be awarded to
the petitioners.
[2024:RJ-JD:24516] (2 of 3) [CW-8385/2024]
2. By way of this writ petition, the petitioner/tenant has
approached this Court for assailing the judgment dated
24.08.2022 (Annexure-4) passed by the Rent Tribunal, Bikaner
allowing the eviction application submitted by the
respondentlandlord under Section 9 of the Rajasthan Rent Control
Act, 2001 and directing the petitioner's eviction from the
residential house in question as affirmed by the Rent Appellate
Tribunal, Bikaner vide its judgment dated 18.04.2024.
3. Mr. Rajdeep Singh Chouhan, learned counsel for the petitioner
candidly concedes that as two civil Courts of competent
jurisdiction have recorded concurrent findings of fact against the
petitioner, the scope of challenge to such judgments before this
Court in exercise of its supervisory jurisdiction is very limited. He
thus prays that the petitioner may be granted reasonable time to
vacate the residential house in question and in such an
eventuality, he shall abide by the terms and conditions which may
be imposed upon him by this Court during the intervening period.
He prays that the petitioner may be allowed time till 31.05.2025
for vacating the suit premises.
4. In this view of the matter and in light of the submissions
advanced by the counsel for the parties, it is hereby directed that
the petitioner, shall furnish an undertaking before the trial Court
within a period of two weeks from today along with copy of this
judgment in the following terms:-
(i) That he shall vacate the suit premises latest by 31.05.2025.
[2024:RJ-JD:24516] (3 of 3) [CW-8385/2024]
(ii) He shall continue to make payment of mesne profit as per law
to the respondents landlord from April, 2024 till the date the
premises are actually vacated.
(iii) He shall clear the arrears of rent, if any, accruing to the
respondents for the suit premises within a period of four weeks
from today.
(iv) He shall not alter, alienate or sublet the suit premises.
(v) In the event of deviation from any of the terms and conditions
of the undertaking, the trial Court shall be at liberty to direct
immediate eviction of the petitioner from the residential house in
question and restoration of possession thereof to the respondents.
5. Upon an undertaking in the above terms being furnished by the
petitioner with the trial Court within a period of two weeks from
today, the petitioner shall be given time upto 31.05.2025 for
vacating the residential house in question and no coercive action
shall be taken against the petitioner and if the petitioner fails to
comply with the above mentioned directions, then the
respondentlandlord would be at liberty to execute the order of
eviction/decree dated 24.08.2022 passed by Rent Tribunal,
Bikaner which was subsequently affirmed by Rent Appellate
Tribunal, Bikaner vide judgment dated 18.04.2024.
6. The writ petition is disposed of with the above observations and
directions. The stay application, if any, also stands disposed of.
(DR. NUPUR BHATI),J
86-amit/-
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