Research › Search › Judgment

Rajasthan High Court · body

2023 DIGILAW 787 (RAJ)

Rooplal Dharamchand v. Laxminarain Mandir Trust

2023-04-06

ARUN BHANSALI

body2023
ORDER 1. After attempting to make submissions for sometime on the writ petition, learned counsel for the petitioner submits that the petitioner may be granted extra time for vacating the subject premises. 2. Heard learned counsel for the parties regarding grant of extra time to vacate the subject premises. 3. Learned counsel for the petitioner submitted that the premises is commercial premises and the petitioner is running a shop since long and may be granted time till December 2023 for vacating the premises. 4. Learned counsel for the respondent opposed the prayer for grant of time. It was submitted that the proceedings were filed in the year 2009 and a meagre rent of about Rs.20/- only was being paid. It was submitted that in case time is granted, then reasonable amount of mesne profit be directed to be paid. 5. Having regard to the facts and circumstance of the case, it appears appropriate to allow time to the petitioner to vacate the premises by 31st December, 2023 and allow mesne profit to the respondent until the petitioner vacates the premises @ Rs.1500/-per month from the month of April, 2023 till December, 2023. 6. In view of the above, the learned counsel for the petitioner seeks withdrawal of the writ petition and the same is, therefore, dismissed as withdrawn. The stay application is also dismissed. However, the petitioner is granted time to vacate the subject premises by 31st December, 2023 on the following conditions:- (i) the petitioner shall submit an undertaking supported by affidavit before the Rent Tribunal within 3 weeks from today to the effect that on or before 31st December, 2023 he shall handover the peaceful and vacant possession of the subject premises to the landlord-respondent. He shall also undertake not to cause any damage to the subject premises nor to make any alternation and not to assign/sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance. He shall also undertake not to cause any damage to the subject premises nor to make any alternation and not to assign/sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance. (ii) the petitioner shall deposit within three weeks the arrears, if any, of the rent/mesne profit at normal rate and of the decreetal amount except for mesne profit under Section 20(3) of the Rent Control Act, 2001 and shall further pay to the landlord the amount for use and occupation of the subject premises @ Rs.1500/- per month w.e.f. 01st April, 2023 or deposit the same in the saving bank account of the respondent month by month on or before 15th day of the next month. The respondent or learned counsel for the respondent will give the details of the bank account, in which, the arrears of rent or mesne profit/month to month mesne profit will be deposited, to the petitioner or counsel for the petitioner within a period of two weeks from today. (iii) it is made clear that in case the petitioner do not comply with any of the aforesaid conditions or violate any terms of the undertaking, then it will be open for the respondent landlord to get the recovery certificate executed forthwith in accordance with law. 7. No costs.