Rajasthan High Court - Jaipur
Babulal Tailor (Deceased) vs Shri Shankar Lal&Ors; on 23 May, 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.6887/2015)
1. Babulal Tailor (deceased)
1/1. Rajendra Kumar Sharma @ Pappu S/o Late Shri Babulal Tailor, R/o Pravasi
Nagar, Murlipura, Jaipur (Raj.).
----Petitioners
Versus
1. Shri Shankar Lal Lohiya S/o Shri Banshidhar Lohiya,R/o House no. 1085, Ganga
Mata Ki Haveli, Gopalji Ka Rasta, Chowkri, Vishwesarji, Jaipur.
2. Shri Shashikant Sharma S/o Late Shri Babulal Tailor.
3. Smt. Munni Devi W/o Late Shri Babulal Tailor,
Both R/o Pravasi Nagar, Murlipura, Jaipur (Raj.).
4. Smt. Sushila Sharma W/o Shri Ashok Sharma, R/o plot no. 11, 12 and 13, Satya
Nagar, Shivpuri Jhotwara, Jaipur.
----Respondents
Date of Order: May 23, 2017.
PRESENT
HON'BLE MR. JUSTICE ALOK SHARMA
Mr. N.K. Maloo, Senior Advocate
Mr. Ajeet Maloo, for the Petitioner-tenant.
Mr. Yash Sharma, for the respondents-landlords.
BY THE COURT:
After arguing the matter at some length, the learned Senior counsel for the petitioner-tenant submits on instruction of his client that the 2 petitioner-tenant shall vacate the tenanted premises on or before May 31, 2019, during which period the petitioner-tenant would make arrangements for an alternative premises to run his business.
Mr. Yash Sharma, Advocate appearing on behalf of the respondents- landlords, 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 Jaipur Metropolitan City, Jaipur dated 5-2-2015 were to be upheld, the respondents landlords would have no objection with the petitioner-tenant continuing in occupation of the tenanted premises in question only till May 31, 2019 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 May 31, 2019, but not beyond subject to condition that he would hand over the vacant possession of the premises in question to respondents-landlords on or before May 31, 2019.
(ii) The petitioner-tenant shall pay arrears of rent or mesne profits, if any, till May 31, 2017, as determined by the courts within a period of two months from today.3
(iv) The petitioner-tenant commencing 1 st June, 2017 shall pay to respondents-landlords, mesne profits @ Rs.1500/- 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 question to any other person.
Further, the petitioner-tenant shall submit an undertaking incorporating the aforesaid conditions before the Rent Tribunal Jaipur Metropolitan city, 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 respondents-landlords shall be entitled to the immediate execution of the judgment and possession certificate dated 5-2-2015 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.