Rajasthan High Court - Jodhpur
Manulal Alias Manoj Kumar vs Kishanlal (2024:Rj-Jd:41303) on 9 October, 2024
Author: Rekha Borana
Bench: Rekha Borana
[2024:RJ-JD:41303]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7211/2024
Manulal Alias Manoj Kumar S/o Chandulal, Aged About 65 Years,
By Caste Darji, R/o Manoj Tailor Mohalla Shekhana, Kuchilpura,
Near Kachhawa Ice Factory, Bikaner.
----Petitioner
Versus
Kishanlal S/o Fatehchand, By Caste Soni, R/o Kesardesar Well,
Kulchipura, Bikaner.
----Respondent
For Petitioner(s) : Mr. Nishank Madhan
For Respondent(s) : Mr. Kishanlal respondent present in
person
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 09.04.2024 passed by the Appellate
Rent Tribunal, Bikaner in Civil Appeal No.08/2016 (CIS
No.09/2016) whereby the judgment and decree dated 05.11.2015
passed by the Rent Tribunal, Bikaner in Rent Case No.207/2015
allowing the application preferred by the respondent-plaintiff-
landlord under Section 9 of Rajasthan Rent Control Act, 2001
seeking eviction of the petitioner-defendant has been affirmed.
2. Learned counsel appearing for the petitioner submitted that
the defendant 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 to the
[2024:RJ-JD:41303] (2 of 3) [CW-7211/2024]
petitioner-tenant to vacate the suit shop and to handover the
vacant possession of the same to the respondent-landlord.
3. Respondent-landlord, present in person, does not oppose the
submissions as made by learned counsel appearing for the
petitioner-defendant-tenant.
4. Having heard learned counsel for the petitioner-defendant-
tenant and having perused the judgment and decree/certificate of
the Courts/Tribunals below, the prayer made by learned counsel
for the petitioner-defendant-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-defendant-
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.2,500/- per month (Rupees Two Thousand Five Hundred only)
by 15th day of the next succeeding month or in advance to the
respondent-plaintiff-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-defendant-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.
[2024:RJ-JD:41303] (3 of 3) [CW-7211/2024]
7. The petitioner-defendant-tenant shall also not sublet, assign
or part with the possession of the suit shop or any part thereof in
favour 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
278-SP/T.Singh/-
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