Rajendra Gupta vs Mangilal (2024:Rj-Jd:43692)
2024 Latest Caselaw 9304 Raj

Rajasthan High Court - Jodhpur

Rajendra Gupta vs Mangilal (2024:Rj-Jd:43692) on 22 October, 2024

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2024:RJ-JD:43692]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 17290/2024

 Rajendra Gupta S/o Kaluram, Aged About 67 Years, R/o Jindal
 Enterprises 81 Sardul Colony, Bikaner.
                                                                      ----Petitioner
                                    Versus
 Mangilal S/o Sh. Bherudan, R/o Bothara Chowk, Gangasahar,
 Bikaner.
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Kamaldeep Singh
For Respondent(s)         :     -



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

22/10/2024

1. The present writ petition has been filed against the judgment

dated 25.9.2024 passed by the learned Rent Appellate Tribunal,

Bikaner whereby the appeal filed by the respondent landlord has

been allowed.

2. Learned counsel for the petitioner has limited his prayer to

the extent of granting time to vacate the suit premises.

3. In view of the limited prayer made at the bar by the learned

counsel for the petitioner and finding no ground to interfere in the

impugned judgment, this writ petition stands disposed off while

granting time to the petitioner to vacate the suit premises and

hand over the same to the respondent landlord on or before 1 st of

April 2026 on the following conditions:

(i) The petitioner shall personally submit an undertaking

supported by their affidavit before the Trial Court to the

effect that on or before 1.4.2026, he shall handover peaceful

[2024:RJ-JD:43692] (2 of 2) [CW-17290/2024]

and vacant possession of the suit premises to the

respondent. He shall also undertake not to cause any

damage to the suit premises nor to make any alteration and

not to assign, sublet or in any manner part with possession

to any other person and not to put the premises to any use

other than the present use and not to cause any nuisance.

(ii) The petitioner shall deposit entire arrears of rent.

(iii) The petitioners shall pay monthly rent on or before 7th day

of each month till the vacant possession of the suit property

is handed over i.e. by 1.4.2026.

(iv) The undertaking with the affidavit shall be filed by the

petitioner in the Trial Court by 11.11.2024.

4. It is made clear that upon petitioner's failure to comply with

any of the conditions aforesaid or violating any terms of the

undertaking, the respondent shall be entitled to execute the

judgment passed by the Rent Tribunal forthwith, besides initiating

proceedings for contempt of court, in accordance with law.

5. No order as to costs.

6. Stay petition also stands disposed of.

(KULDEEP MATHUR),J 581-himanshu/-

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