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2022 DIGILAW 1216 (RAJ)

Gopi Chand v. Jairam Das

2022-04-19

ASHOK KUMAR GAUR

body2022
JUDGMENT 1. The present writ petition has been filed by the petitioner-tenant challenging judgment dated 15.11.2021 passed by the Appellate Rent Tribunal, Kota whereby the order dated 17.01.2018 passed by the Rent Tribunal, Kota was affirmed. 2. After arguing the matter for some time, learned counsel for the petitioner-tenant- Mr.Chandi Charan Ratnu, on instructions, submits that the petitioner-tenant shall vacate the shop in question on or before 31st July, 2023. 3. Learned counsel appearing on behalf of the respondent- landlord--Mr.Abhishek Pareek agreed to the proposal of learned counsel for the petitioner-tenant and submits that in the event of the judgment of the Appellate Rent Tribunal, Kota dated 15.11.2021 being upheld, the respondent-landlord would have no objection if the petitioner-tenant continue in occupation of the rented premises in question only till 31st July, 2023 and in no eventuality beyond the said date. 4. In view of the consent of learned counsel for the parties, the present writ petition is being disposed of with the following directions:- (i) The petitioner-tenant shall be entitled to continue in occupation of the rented premises in question (shop) till 31 st July, 2023 but not beyond that, subject to condition that he would handover the peaceful and vacant possession of the premises in question to the respondent-landlord on or before 31 st July, 2023. (ii) The petitioner-tenant shall pay all the arrears of rent or mesne profits, as per order dated 17.01.2018 within a period of one month from today. (iii) Commencing from 1st May, 2022, the petitioner-tenant shall pay mesne profit to the respondent-landlord @ Rs.10,000/- per month on or before 10th of each succeeding month. (iv) The petitioner-tenant shall not alienate, part with, create any third party right and hand over possession of the rented premises in question to any other person. 5. Further, the petitioner-tenant 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 the petitioner-tenant fails to submit such undertaking, within thirty days from today, and/ or breaches any of the conditions of this order, the respondent-landlord shall be entitled to initiate execution proceeding, pursuant to judgment and possession certificate dated 15.11.2021 and obtain possession of the premises in issue forthwith, in accordance with law. In case the petitioner-tenant fails to submit such undertaking, within thirty days from today, and/ or breaches any of the conditions of this order, the respondent-landlord shall be entitled to initiate execution proceeding, pursuant to judgment and possession certificate dated 15.11.2021 and obtain possession of the premises in issue forthwith, in accordance with law. The breach of this order shall also make the petitioner-tenant liable to be punished under the provisions of Contempt of Courts Act. 6. Accordingly, the present writ petition stands disposed of.