Disposed

Rajendra Kumar Sharma v. Smt Asha Sharma

Rajasthan HC1 Aug 2016CW/19694/2015

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a writ petition by accepting the parties' agreement on vacating tenanted premises. The tenant was granted occupation until July 31, 2017, subject to depositing mesne profits and submitting an undertaking regarding termination and contingent execution.

What did the court decide?

Tenancy occupancy and possession granted until July 31, 2017, subject to deposit of mesne profits and submission of an undertaking regarding termination.

Rajendra Kumar Sharma Vs Smt Asha Sharma — Landlord and Tenant | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH

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ORDER

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Rajendra Kumar Sharma Vs. Smt. Asha Sharma (S.B. Civil Writ Petition No.19694/2015) Date of Order: August 01, 2016. PRESENT HON'BLE MR. JUSTICE ALOK SHARMA

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Mr. Vivek Goyal, for the Petitioner-tenant.

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Mr. Kamlesh Pareek, 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 petitioner-tenant submits on instruction of his client that the petitionertenant shall vacate the tenanted premises on or before July 31, 2017, during which period the petitioner-tenant would make arrangements for an alternative premises to run his business.

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Mr. Kamlesh Pareek on behalf of respondent-landlord with

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instruction from his client 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, Jaipur dated 22-9-2015 were to be upheld, the respondent landlord would have no

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objection with the petitioner-tenant continuing in occupation of the tenanted premises in question only till July 31, 2017 and in no event beyond the said date.

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The petitioner tenant is present in court, his signatures have been taken in court file.

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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 petitioner-tenant shall be entitled to continue in occupation of the tenanted premises in question upto July 31, 2017, 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, 2017.

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(ii) The petitioner-tenant shall pay arrears of rent or mesne profits, if any, till July 31, 2016, as determined by the courts within a period of three months from today.

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(iii) The petitioner-tenant commencing 1^st August, 2016 shall deposit, as being deposited the rent in the account of the respondentlandlord, mesne profits @ Rs.3500/- per month on or before 10^th of each month.

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(iv) The petitioner-tenant 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 petitioner-tenant, with an advance copy to the respondent-landlord, shall submit an undertaking incorporating the aforesaid conditions before the Rent Tribunal Jaipur Metropolitan, Jaipur, within a period of thirty days, from the date of this order. In case the petitioner-tenant fails to submit the undertaking as aforesaid within thirty days from today, and/ or breaches the conditions of this order, the respondent-landlord shall be entitled to the immediate execution of the judgment and possession certificate dated 22-9-2015 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.

Rajendra Kumar Sharma v. Smt Asha Sharma

Case brief

What is this about?

What did the court decide?

Rajendra Kumar Sharma v. Smt Asha Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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