Rajasthan High Court - Jaipur
Om Prakash Chauhan vs . Om Prakash Paliwal on 31 August, 2015
Author: Alok Sharma
Bench: Alok Sharma
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH ORDER Om Prakash Chauhan Vs. Om Prakash Paliwal (S.B. Civil Writ Petition No.11373/2015) Date of Order: August 31, 2015. PRESENT HON'BLE MR. JUSTICE ALOK SHARMA Mr. Rajeev Surana ] for the Petitioner-tenant. Mr. Hemant Taylor] Mr. Sudesh Bansal, for the respondent-landlord. BY THE COURT:
After arguing the matter at some length, the learned counsel for the petitioner-tenant submits on instruction of his client that the petitioner-tenant shall vacate the tenanted premises on or before August 31, 2018, during which period the petitioner-tenant would make arrangements for an alternative premises to run his business.
Mr. Sudesh Bansal, the learned counsel for the respondent-landlord Om Prakash Paliwal, with instruction from his client agreed to the proposal of learned counsel for the petitioner-tenant and submits that in the event of the judgment and decree of the Appellate Rent Tribunal Jaipur dated 28-7-2015 were to be upheld, the respondent landlord would have no objection with the petitioner-tenant continuing in occupation and use of the tenanted premises in question only till August 31, 2018 and in no event beyond the said date. The parties, the tenant and the landlord, who are present in court have also put their signatures in the court file to evidence the agreed terms and conditions of this order.
The writ petition is accordingly disposed of with the following directions:-
(i) The petitioner-tenant shall be entitled to continue in occupation and use of the tenanted premises in question upto August 31, 2018, but not beyond subject to condition that he would hand over the vacant possession of the premises in question to respondent-landlord Om Prakash Paliwal without demur or question on or before August 31, 2016.
(ii) The petitioner-tenant shall pay arrears of rent or mesne profits, if any, till August 31, 2015, as determined by the courts within a period of three months from today.
(iii) The petitioner-tenant commencing 1st September, 2015 shall deposit in the bank account No.0362101038498, Canara Bank, M.I. Road Jaipur of the respondent-landlord Om Prakash Paliwal, mesne profits @ Rs.5000/- per month on or before 15th of each month.
(iv) The petitioner-tenant shall not alienate or otherwise create third party right, or hand over possession of the tenanted premises in question to any other person.
Further, the petitioner-tenant shall submit an undertaking incorporating the aforesaid conditions before the Rent Tribunal Jaipur, within a period of thirty days, from the date of this order. In case the petitioner-tenant fails to submit the undertaking as aforesaid within thirty days from today, and/ or breaches the conditions of this order, the respondent-landlord Om Prakash Paliwal shall be entitled to the immediate execution of the judgment and possession certificate of the Rent Tribunal and obtain possession of the tenanted premises in issue forthwith in accordance with law. The breach of this order shall also be liable to be punished as contempt of this court.
The writ petition stands disposed of accordingly.
(Alok Sharma), J.
arn/ All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.