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2014 DIGILAW 1514 (RAJ)

Shanti Lal Dakaliya v. The Rent Tribunal, Bikaner

2014-09-10

VINEET KOTHARI

body2014
JUDGMENT 1. - The lawyers are observing strike which is contrary to various Supreme Court decisions. The case is listed in today's cause list (supplementary) at Serial No.59 of Court No.6, transferred to this Court, under the category 'for fresh admission with stay'. 2. Heard the petitioner, who is present in person and perused the record. 3. The present writ petition of the petitioner/tenant is directed against the order dated 26.8.2014 (Annex. -10) passed by the learned Appellate Rent Tribunal, Bikaner in Appeal No. 184/2013 - Shantilal Dakaliya v. Phoosraj Vaid , upholding the order dated 17.12.2013 (Annex.-8) passed by the learned Rent Tribunal, Bikaner in civil Original Case No. 66/2008 - Phoosraj Vaid v. Shantilal, whereby the learned Rent Tribunal, Bikaner, Has granted eviction decree in favour of respondent/landlord. 4. Having heard the petitioner, this court finds no force in the present writ petition. The petitioner/tenant himself undertakes to handover the vacant and peaceful possession of the suit shop to the respondent/landlord and prays for a reasonable time period for the said purpose. The present writ petition is disposed of with a direction to the defendant - petitioner to submit an undertaking to hand over the peaceful and vacant possession of the suit premises to the respondent/landlord on or before 31.08.2015 with the conditions given below. (i) The petitioner -tenant shall submit an undertaking to hand-over the vacant and peaceful possession of the suit premises, in dispute to the respondents - landlords on or before 31.08.2015. The respondents shall not execute the impugned decree till 31.08.2015. (ii) The petitioner-tenant shall pay or deposit the mesne profit and will further continue to pay the mesne profit each month by 15th day of the next succeeding month or in advance to the respondents. The arrears of rent and mesne profit as determined by the Courts below, if not already paid, shall also be paid by the tenant-petitioner within a period of three months from today and entire amount including the amount already deposited on this account will be disbursed to the respondents-landlords. (iii) The petitioner shall further undertake that he shall not sub-let, assign or part with the possession of the suit premises or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period and if he does so the same will be treated as void. (iii) The petitioner shall further undertake that he shall not sub-let, assign or part with the possession of the suit premises or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period and if he does so the same will be treated as void. (iv) The petitioner shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court by 30th September, 2014 and one copy thereof along with affidavit in this Court. (v) The respondent-landlord will give the details of his bank account number in which the arrears of rent or mesne profit and regular mesne profit now be paid, will be deposited, within the period of three months from today. 5. It is made clear that in case, the petitioner -tenant do not comply with any of the aforesaid conditions, then it will be open for the respondent-landlord to get the decree passed in his favour executed even before the aforesaid date i.e. 31.08.2015 and the respondent-landlord may also initiate contempt proceedings in this Court. 6. With the aforesaid terms, conditions and directions, the present writ petition is accordingly dismissed. No costs. A copy of this order be sent to the parties concerned and both the learned court below forthwith.Petition dismissed. *******