Disposed

Firm Banshiram Kartarchand Anr. v. Shri Inder Chand Agarwal

Rajasthan HC10 Nov 2014CW/10578/2014

Case brief

AI extract

What is this about?

Petitioners-tenants allowed to occupy premises until April 30, 2016. Court directed payment of arrears and mesne profits, prohibition on alienation, and filing of undertaking with Rent Tribunal. Breach entitles landlord to immediate possession and contempt proceedings.

What did the court decide?

Tenants permitted occupation until April 30, 2016; directed to pay rent and mesne profits; prohibition on alienation; filing of undertaking ordered.

Firm Banshiram Kartarchand Anr. Vs Shri Inder Chand… — Landlord and Tenant | Rajasthan HC (2014)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH

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ORDER

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Firm Banshidhar Kartarchand & Others Vs. Inder Chand Agarwal (S.B. Civil Writ Petition No.10578/2014) Date of Order: November 10, 2014. PRESENT HON'BLE MR. JUSTICE ALOK SHARMA

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Mr. Mahendra Goyal, for the Petitioners-tenants.

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Mr. B.L. Agrawal, for the respondent-landlord.

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BY THE COURT :

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After arguing the matter at some length, the learned counsel for the petitioners-tenants submits on instruction of his clients that the petitioners-tenants shall vacate the tenanted premises within eighteen months from today i.e. on or before April 30, 2016, during which period the petitioners-tenants would make arrangements for an alternative premises to run their business therefrom.

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Mr. B.L. Agrawal, the learned counsel for the respondent-landlord Inder Chand Agrawal, with instruction from his client agreed to the proposal of learned counsel for the petitioners-tenants and submits that in the event of the judgment and decree of the Appellate Rent Tribunal Ajmer

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dated 12-4-2014 were to be upheld, the respondent landlord would have

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no objection with the petitioners-tenants continuing in occupation of the

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tenanted premises in question only till April 30, 2016 and in no event beyond the said date.

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In view of the consent of learned counsel for the parties, the writ petition is disposed of with the following directions:-

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(i) The petitioners-tenants shall be entitled to continue in occupation of the tenanted premises in question upto April 30, 2016, but not beyond subject to condition that they would hand over the vacant possession of the premises in question to respondent-landlord Inder Chand Agrawal on or before April 30, 2016.

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(ii) The petitioners-tenants shall pay arrears of rent or mesne profits, if any, till November 30, 2014, as determined by the courts within a period of three months from today.

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(iii) The petitioners-tenants commencing 1^st December, 2014 shall pay to respondent-landlord Inder Chand Agrawal, mesne profits @ Rs.5000/- per month on or before 7th of each month.

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(iv) The petitioners-tenants shall not alienate or otherwise create third party right, or hand over possession of the tenanted premises in question to any other person.

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Further, the petitioners-tenants shall submit an undertaking incorporating the aforesaid conditions before the Rent Tribunal Ajmer,

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within a period of thirty days, from the date of this order. In case the petitioners-tenants fail to submit the undertaking as aforesaid within thirty days from today, and/ or breaches the conditions of this order, the respondent-landlord Inder Chand Agrawal shall be entitled to the immediate execution of the judgment and decree dated 12-4-2014 and obtain possession of the premises in issue forthwith in accordance with law. The breach of this order shall also be liable to be punished as contempt of the court.

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The writ petition stands disposed of accordingly.

(Alok Sharma), J.

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All corrections made in the order have been incorporated in the order being emailed.

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Arun Kumar Sharma, Private Secretary.

Firm Banshiram Kartarchand Anr. v. Shri Inder Chand Agarwal

Case brief

What is this about?

What did the court decide?

Firm Banshiram Kartarchand Anr. v. Shri Inder Chand Agarwal

Case brief

What is this about?

What did the court decide?

What the court decided

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