Prabhunarayan son of late Kapoor Chand v. Manmohan Natani son of late Shri Bhanwarlal Natani
2016-11-17
MOHAMMAD RAFIQ
body2016
DigiLaw.ai
ORDER : Mohammad Rafiq, J. Heard learned counsel for the parties. 2. This writ petition has been filed by non-applicant/petitioners assailing order dated 16.09.2009 passed by learned Rent Tribunal, Jaipur City, Jaipur, in Original Application No. 101/2006, filed under Section 9 of the Rajasthan Rent Control Act, 2001, whereby learned Rent Tribunal granted decree of eviction and that order has been affirmed by learned Appellate Rent Tribunal, Jaipur Metropolitan, in Civil Appeal No. 162/2009 decided vide judgment dated 05.12.2014. 3. On hearing learned counsel for the parties and perusing material on record, I find that the Rent Tribunal has decided the issue of reasonable and bona fide necessity in favour of the applicant/respondent and against the non-applicant/petitioner, which finding has been affirmed by the Appellate Rent Tribunal while dismissing appeal of the petitioner. So, there is current findings recorded by both the Courts below on the issues. There is no error or illegality in the judgments passed by both the Courts below. However, at this stage, under the instructions, learned counsel for non-applicant/petitioner made an alternative prayer and submitted that petitioner is tenant in the rented premise in question since long, therefore, he may be granted reasonable time period to make alternative arrangement because it is very difficult to take a premise on rent. 4. Learned counsel appearing on behalf of the applicant-respondent although opposed the writ petition but, in the facts and circumstances of the case, this Court deems it appropriate to grant time up to 31.12.2018 to non-applicant/petitioner to handover peaceful vacant possession of rented premise to applicant-respondent on following conditions:- "1. Non-applicant/petitioner shall hand-over vacant and peaceful possession of rented premise to applicant-respondent on or before 31.12.2018. Applicant-respondent shall not execute impugned decree till 31.12.2018. 2. Non-applicant/petitioner shall pay or deposit entire arrears of rent/mesne profit, if any, within a period of four weeks from today and shall pay future monthly rent at the rate of Rs.11000/- from December, 2016, by 7th of the next succeeding month or in advance to applicant-respondent. 3. Non-applicant/petitioner shall not sub-let, assign or part with possession of rented 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. 4. Non-applicant/petitioner shall furnish a written undertaking incorporating aforesaid conditions in the Rent Tribunal within a period of four weeks from today." 5.
Non-applicant/petitioner shall not sub-let, assign or part with possession of rented 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. 4. Non-applicant/petitioner shall furnish a written undertaking incorporating aforesaid conditions in the Rent Tribunal within a period of four weeks from today." 5. It is made clear that in case, non-applicant/petitioner does not comply with any of aforesaid conditions, then the Rent Tribunal shall ensure his eviction without requiring applicant/respondent to file separate execution petition even before aforesaid date and it will be open for applicant-respondent to initiate contempt proceedings in this court. 6. With the aforesaid direction, writ petition stands dismissed. Stay application also stands dismissed.