Eden Automotives Pvt. Ltd. v. Naresh Kumar Gupta S/o. Late Shri Norang Lal Gupta
2018-02-02
ALOK SHARMA
body2018
DigiLaw.ai
ORDER : 1. After arguing the matter at some length, the learned counsel for the petitioner-tenant submits on instruction of his client that the petitioner-tenant shall vacate the tenanted premises on or before July 31, 2019, during which period the petitioner-tenant would make arrangements for an alternative premises to reside therein. 2. Mr. J.P. Goyal, Senior Advocate appearing on behalf of the 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 Jaipur Metropolitan dated 05-09-2017 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 July 31, 2019 and in no event beyond the said date. 3. 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 July 31, 2019, 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 July 31, 2019. (ii) The petitioner-tenant shall pay arrears of rent or mesne profits, if any, till January 31, 2018, as determined by the courts within a period of two months from today. (iii) The petitioner-tenant commencing 1st February, 2018 shall pay as mesne profits to respondent-landlord the agreed rent in terms of the lease deed dated 01.07.2010 with an additional amount of 10% thereon plus GST. This payment would be made by the 15th of each month. (iv) The petitioner-tenant presently in possession shall not alienate or otherwise create third party rights, or hand over possession of the premises in question to any other person. 4. Further, the petitioner-tenant shall submit an undertaking incorporating the aforesaid conditions before the Rent Tribunal Jaipur Metropolitan, within a period of thirty days, from the date of this order. In case it fails to submit the undertaking as aforesaid within thirty days from today, and/ or breaches any other condition of this order, the respondents-landlords shall be entitled to the immediate execution of the judgment and possession certificate dated 05-09-2017 and obtain possession of the premises in issue in accordance with law.
In case it fails to submit the undertaking as aforesaid within thirty days from today, and/ or breaches any other condition of this order, the respondents-landlords shall be entitled to the immediate execution of the judgment and possession certificate dated 05-09-2017 and obtain possession of the premises in issue in accordance with law. The breach of this order shall also be liable to be punished as contempt of the court. 5. The writ petition stands disposed of accordingly.