Rajasthan High Court - Jodhpur
Leeladhar vs Nanduram (2024:Rj-Jd:37979) on 12 September, 2024
Author: Rekha Borana
Bench: Rekha Borana
[2024:RJ-JD:37979]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17907/2023
Leeladhar S/o Shri Utmaram Garg, Aged About 75 Years, Gadisar
Road, Jaisalmer.
----Petitioner
Versus
Nanduram S/o Shri Chunaram Nai, Fatehgarh Hall, Jaisalmer
(Raj.).
----Respondent
For Petitioner(s) : Mr. Prashant Tatia with
Mr. Rajat Rajpurohit
For Respondent(s) : Mr. Rameshwar Lal Dave
HON'BLE MS. JUSTICE REKHA BORANA
Order
12/09/2024
1. The present writ petition has been preferred against the
order dated 26.10.2023 passed by the Appellate Rent Tribunal,
Jaisalmer in Civil appeal No.01/2018 whereby the appeal as
preferred by the petitioner-defendant-landlord against the order
dated 24.01.2018 passed by the Rent Tribunal, Jaislamer in Rent
Case No.05/2016 has been rejected.
2. Vide order dated 24.01.2018, Rent Tribunal, Jaisalmer
proceeded on to allow the application under Sections 11 & 12 of
the Rajasthan Rent Control Act, 2001 read with Section 6 of the
Specific Relief Act, 1963 as preferred on behalf of the respondent-
plaintiff-tenant. Vide the said order, learned Rent Tribunal directed
the petitioner-defendant-landlord to handover the possession of
the shop in question to the respondent-plaintiff-tenant with
immediate effect.
[2024:RJ-JD:37979] (2 of 3) [CW-17907/2023]
Vide the said order, the petitioner-defendant-landlord was
also directed to pay an amount @ Rs.13,250/- per month for the
period of July 2016 to January 2018 to the respondent-plaintiff-
tenant, as compensation. With the said directions, the certificate
for possession was issued by the Rent Tribunal in favour of the
respondent-plaintiff-tenant.
3. After arguing for some time, learned counsel for the
petitioner sought time to complete his instructions and post lunch,
on instructions, sought permission to withdraw the present
petition qua the decree of possession with a proposal that the
decree for compensation as granted by the Rent Tribunal be set
aside, the same having been passed in excess of jurisdiction.
4. Learned counsel appearing for the respondent-plaintiff-
tenant does not object to the same and agreed that the
respondent-plaintiff-tenant is ready to waive his claim for
compensation if the possession of the premise in question is
handed over to him within a reasonable period.
5. In view of the submissions made and in view of the consent
given by learned counsel for the respondent, the impugned
judgment and decree dated 24.01.2018 passed by Rent Tribunal,
Jaisalmer and 26.10.2023 passed by Appellate Rent Tribunal,
Jaisalmer are hereby quashed and set aside to the extent of costs/
suit expenses and the compensation amount as awarded in favour
of the respondent-plaintiff-tenant at the rate of Rs.13,250/- per
month. The decree/possession certificate qua possession as
granted in favour of the respondent-plaintiff-tenant is hereby,
affirmed.
[2024:RJ-JD:37979] (3 of 3) [CW-17907/2023]
6. As agreed between both the parties, the petitioner-
defendant-landlord shall hand over the possession of the shop in
question measuring 9x10 sq. ft. to the respondent-plaintiff-tenant
within a period of two months from now. The said possession
would be handed over free from all encumbrances. The petitioner-
defendant-landlord shall not obstruct the peaceful user of the
property in question and shall not dispossess the respondent-
plaintiff-tenant without adopting due process of law. The
respondent-plaintiff-tenant shall however, be under an obligation
to continue pay the monthly rent as agreed between the parties.
7. It is made clear that if the peaceful and vacant possession of
the shop in question is not handed over to the respondent-plaintiff
-tenant within a period of two months from now, besides the
expedite execution of the decree/certificate in normal course, the
respondent-plaintiff-tenant shall also be entitled to invoke the
contempt jurisdiction of this Court.
8. On the above terms, the present writ petition is disposed
of.
9. Stay petition and all pending applications, if any, stand
disposed of.
(REKHA BORANA),J
810-devanshi/-
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