Rajasthan High Court - Jaipur
Madan Lal vs Prabhu Dayal Ubana on 20 July, 2017
Author: Alok Sharma
Bench: Alok Sharma
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH
ORDER
(S.B. Civil Writ Petition No.9571/2017)
Madan Lal Son of Shri Radha Kishan Ji Tank, Aged About 50 Years, Resident of
684/28, Shringar Chanwari, Ajmer, Proprietor Tank Engineering Works, Biharigunj,
Nasirabad Road, Ajmer (Raj.)
----Petitioner
Versus
Prabhu Dayal Ubana Son of Shri Ladu Ram Ubana, by Caste Mali, Aged About 50
Years, Resident of House no. 684/28, Near Chakki of Mohan Sankhla, Shringar
Chanwari, Ajmer (Raj.)
----Respondent
Date of Order: July 20, 2017.
PRESENT
HON'BLE MR. JUSTICE ALOK SHARMA
Mr. Manoj Bhardwaj, for the Petitioner-tenant.
Mr. Rahul Agarwal, 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 clients that the petitioner- tenant shall vacate the tenanted premises on or before October 31, 2018, during which period the petitioner-tenant would make arrangements for an alternative premises to run his business therefrom.
Mr. Rahul Agarwal, Advocate appearing on behalf of the 2 respondent-landlord, with instruction from his clients 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 Ajmer dated 4-5-2017 were to be upheld, the respondent landlord would have no objection with the petitioner-tenant continuing in occupation of the tenanted premises in question only till October 31, 2018 and in no event beyond the said date.
In view of the consent of learned counsel for the parties, the writ petition is disposed of with the following directions:-
(i) The petitioner-tenant shall be entitled to continue in occupation of the tenanted premises in question upto October 31, 2018, but not beyond subject to condition that he would hand over the vacant possession of the premises in question to respondent-landlord on or before October 31, 2018.
(ii) The petitioner-tenant shall pay arrears of rent or mesne profits, if any, till July 31, 2017, as determined by the courts within a period of two months from today.
(iv) The petitioner-tenant commencing 1st August, 2017 shall pay to respondents-landlords, mesne profits @ Rs.3500/- per month on or before 10th of each month.
(v) The petitioner-tenant shall not alienate or otherwise create third party right, or hand over possession of the tenanted premises in 3 question to any other person.
Further, the petitioner-tenant shall submit an undertaking incorporating the aforesaid conditions before the Rent Tribunal Ajmer, 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 respondents-landlords shall be entitled to the immediate execution of the judgment and possession certificate dated 4-5-2017 and obtain possession of the premises in issue forthwith in accordance with law. The breach of this order shall also be liable to be punished as contempt of the court.
The writ petition stands disposed of accordingly.
(Alok Sharma), J.
arn/ 4 All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.