Rajasthan High Court - Jodhpur
Navratan Jaroli vs Ashok Kumar Mehta (2024:Rj-Jd:41304) on 9 October, 2024
Author: Rekha Borana
Bench: Rekha Borana
[2024:RJ-JD:41304]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13587/2024
Navratan Jaroli S/o Shree Mohan Lal Jaroli, Aged About 45 Years,
R/o 34 Shanti Nagar Mds School Road, Hiranmagri, Section-3,
Udaipur, Rajasthan.
----Petitioner
Versus
Ashok Kumar Mehta S/o Kanhaiya Lal Mehta, Aged About 50
Years, R/o 13 Rishabh Nagar Near Mds School, Hiranmagri,
Section-3, Udaipur, Rajasthan.
----Respondent
For Petitioner(s) : Mr. Bhanu Prakash Mathur
For Respondent(s) : Mr. Rakesh Chotia
HON'BLE MS. JUSTICE REKHA BORANA
Order
09/10/2024
1. The present writ petition has been preferred aggrieved of the
judgment and decree dated 19.07.2024 passed by the Rent
Appellate Tribunal, Udaipur in Rent Appeal No.06/2021 (C.I.S.
No.06/2021) whereby the judgment and decree dated 10.03.2021
passed by the Rent Tribunal, Udaipur in Rent Case No.40/2016
allowing the application preferred by the respondent-plaintiff-
landlord under Section 9(A) & (J) read with Section 10 of the
Rajasthan Rent Control Act, 2001 seeking eviction of the
petitioner-defendant-tenant has been affirmed.
2. Learned counsel appearing for the petitioner submitted that
the petitioner-tenant needs some reasonable time to vacate the
shop. Learned counsel submitted that he has instructions not to
press this petition on merits but reasonable time may be granted
[2024:RJ-JD:41304] (2 of 3) [CW-13587/2024]
to the petitioner-tenant to vacate the suit shop and to handover
the vacant possession of the same to the respondent-landlord.
3. Learned counsel appearing for the respondent-landlord, on
instructions, does not oppose the submissions as made by learned
counsel appearing for the petitioner-tenant.
4. Having heard learned counsel for the petitioner-
tenant and having perused the judgment and decree/certificate of
the Courts/Tribunals below, the prayer made by learned counsel
for the petitioner-tenant seems to be reasonable and deserves to
be granted subject to the present petition not being pressed on
merits.
5. Accordingly, it is directed that the petitioner-
tenant shall handover the peaceful and vacant possession of the
suit shop to the respondent-plaintiff-landlord within a period of
one and a half year i.e. on or before 30.04.2026 and shall, w.e.f.
01.11.2024, continue to pay mesne profit at the enhanced rate of
Rs.10,000/- per month (Rupees Ten Thousand only) by 15th day of
the next succeeding month or in advance to the respondent-
landlord and in case there is any default in payment of mesne
profit, the period of one and a half year for eviction shall stand
reduced and the decree/certificate of eviction/possession would
become executable forthwith.
6. The petitioner-tenant shall also clear all the arrears of rent, if
any, and mesne profit and pay the same to the respondent-
plaintiff-landlord within three months from today, if not paid till
date, otherwise the same will bear interest @9% per annum.
7. The petitioner-tenant shall also not sublet, assign or part
with the possession of the suit shop or any part thereof in favour
[2024:RJ-JD:41304] (3 of 3) [CW-13587/2024]
of anyone else and would not create any third party interest in the
same during the aforesaid period and if it is so done, the same
would be treated as void.
8. The petitioner-defendant-tenant shall furnish a written
undertaking incorporating the aforesaid conditions in the Trial
Court within a period of two months and one copy thereof along
with affidavit, in this Court.
9. It is made clear that if the peaceful and vacant possession of
the suit premises is not handed over to the respondent-plaintiff-
landlord within a period of one and a half year i.e. upto
30.04.2026, or mesne profits are not paid as directed above,
besides the expeditious execution of the decree/certificate in
normal course, the respondent-plaintiff-landlord shall also be
entitled to invoke the contempt jurisdiction of this Court.
10. With the aforesaid directions, the present writ petition stands
disposed of.
11. The stay application and all pending applications also stand
disposed of.
(REKHA BORANA),J
279-T.Singh/-
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