Rajasthan High Court - Jaipur
Mangi Lal vs Mohan Lal on 20 December, 2019
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 19203/2019
1. Mangi Lal, (Deceased Through Lr)
1/1. Smt. Lata Devi W/o Mangi Lal, Aged About 69 Years, By
Caste Rao, R/o Keshopura Balkund, Kota (Raj.)
1/2. Santosh S/o Lt. Mangi Lal, By Caste Rao, R/o Keshopura
Balkund, Kota (Raj.)
----Petitioners
Versus
1. Mohan Lal, (Deceased Through Lr)
1/1. Smt. Uma Devi W/o Lt. Mohan Lal Sharma, By Caste
Brahmin, R/o 173 B, Talwani Kota.
1/2. Rajesh S/o Lt. Mohan Lal Sharma, By Caste Brahmin, R/o
173 B, Talwani Kota.
1/3. Suresh S/o Lt. Mohan Lal Sharma, By Caste Brahmin, R/o
173 B, Talwani Kota.
1/4. Mahesh S/o Lt. Mohan Lal Sharma, By Caste Brahmin, R/
o 173 B, Talwani Kota.
1/5. Naresh S/o Lt. Mohan Lal Sharma, By Caste Brahmin, R/o
173 B, Talwani Kota.
----Respondents
For Petitioner(s) : Mr. Amit Dadhich.
For Respondent(s) : Mr. S.P. Sharma.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
20/12/2019
1. Instant writ petition has been filed by the petitioners-tenants against the judgment dated 13.08.2019 passed by the Appellate Rent Tribunal, Kota in Appeal No.65/2015, whereby the appeal filed by the petitioners-tenants against the judgment & decree of eviction dated 05.09.2015 passed by the Rent Tribunal, Kota was dismissed (Downloaded on 07/06/2021 at 08:25:37 AM) (2 of 3) [CW-19203/2019] and the petitioners-tenants were directed to vacate the disputed premises.
2. After arguing for some time, Mr. Amit Dadhich, learned counsel for the petitioners-tenants, on instruction from their clients, submit that the petitioners-tenants shall vacate the disputed premises on or before 31.12.2020.
3. Mr. S.P. Sharma, learned counsel appearing on behalf of the respondents-landlords on instruction from their client agreed to the proposal of the learned counsel for the petitioners-tenants.
4. In view of the consent of learned counsel for the parties, the writ petition is disposed of with the following directions:-
(i) The petitioners-tenants shall be entitled to continue in occupation of the disputed premises till 31.12.2020 with a condition that they would hand over the vacant possession of the disputed premises to the respondents-landlords on or before 31.12.2020.
(ii) The petitioners-tenants shall pay arrears of agreed rent, if any, up to 31.12.2019 within a period of two months from today.
(iii) The petitioners-tenants commencing from 1 st January, 2020 shall pay to the respondents-landlords mesne profits @ Rs.2,000/- per month on or before 10th of each month.
(iv) The petitioners-tenants shall not alienate or otherwise create third party right, or hand over possession of the disputed premises to any other person.
(v) Further, the petitioners-tenants shall submit an undertaking incorporating the aforesaid conditions before the Rent Tribunal, Kota within a period of thirty days, from the date of this order. In case of petitioners-tenants fail to submit the undertaking as directed by this court within a period of thirty days from today, or breaches the conditions of this order, the respondents-landlords shall be entitled to (Downloaded on 07/06/2021 at 08:25:37 AM) (3 of 3) [CW-19203/2019] the immediate execution of the judgment and possession certificate dated 05.09.2015 and obtain possession of the disputed premises forthwith in accordance with law.
(INDERJEET SINGH),J MG/117 (Downloaded on 07/06/2021 at 08:25:37 AM) Powered by TCPDF (www.tcpdf.org)