Dismissed

Principal/ Headmaster Jaipur Shiksha Samiti v. Omprakash S/O Late Shri Shri Seetaram

Rajasthan HC15 Oct 2019CW/16753/2019

Case brief

AI extract

What is this about?

This order dismisses a writ petition under Article 226 challenging eviction. The High Court grants a direction to vacate the premises by 30.04.2020, subject to payment of rent and filing of an undertaking before the Trial Court, without deciding on merits.

What did the court decide?

Extension of time to vacate the demised premises on or before 30.04.2020, subject to filing an undertaking in the Trial Court and payment of rent.

Principal/ Headmaster Jaipur Shiksha Samiti Vs… — Landlord and Tenant | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 16753/2019

¶3

Principal/Headmaster Jaipur Shiksha Samiti, Secondary School, Chaukadi Purani Basti, Rasta Amrit Lal Palliwal Jaipur (Raj.)

¶4

Jamir Ali S/o Shri Naseer Ali, Member And Care Taker, Jaipur Shiksha Samiti Secondary School, Chaukadi Purani Basti, Rasta Amrit Lal Palliwal Jaipur (Raj.)

¶5

----Petitioners

¶6

Versus

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Omprakash S/o Late Shri Shri Seetaram, R/o Galata Gate, Jaipur.

¶8

Shriniwas S/o Late Shri Rameshwar Lal Agrawal, Residing At Plot No. D-278, Meera Marg, Banipark, Jaipur.

¶9

Jugal Kishor S/o Late Shri Rameshwar Lal Agrawal, Residing At Plot No. D-278, Meera Marg, Banipark, Jaipur.

¶10

Nawal Kishor S/o Late Shri Rameshwar Lal Agrawal, Residing At Plot No. D-278, Meera Marg, Banipark, Jaipur.

¶11

Raj Kumar S/o Late Shri Rameshwar Lal Agrawal, Residing At Plot No. D-278, Meera Marg, Banipark, Jaipur.

¶12

Ashok Kumar S/o Late Shri Rameshwar Lal Agrawal, Residing At Plot No. D-278, Meera Marg, Banipark, Jaipur.

¶13

Secretary, Jaipur Shiksha Samiti Secondary School, Chaukadi Purani Basti, Rasta Amrit Lal Palliwal, Jaipur (Raj.)

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Jaipur Shiksha Samiti Through Secretary, Shri Nakiuddin Ahmad S/o Shri Takiuddin Ahmad Jaipur Shiksha Samiti Secondary School, Chaukadi Purani Basti, Rasta Amrit Lal Palliwal, Jaipur And Plot No. 34/41 Kiran Path, Mansarovar, Jaipur.

¶15

----Respondents

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For Petitioner(s)

¶17

: Mr. P.S. Rajawat, Advocate

¶18

HON'BLE MRS. JUSTICE SABINA

Judgment / Order

15/10/2019

(2 of 2)

[CW-16753/2019]

Petitioners have filed this petition under Article 227 of the Constitution of India challenging the order dated 30.03.2019, whereby, eviction petition filed by the respondents no.1 to 6 against the petitioners was allowed and order dated 16.09.2019, whereby, appeal filed by the petitioners was dismissed.

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After arguing for sometime, learned counsel for the petitioners has submitted that he does not press the writ petition on merits and prayed that the petitioners be granted time to vacate the demised premises upto 30.04.2020 as petitioners are running a school in the demised premises and the current session is going on and in case, petitioners are evicted from the premises-in-question now, students will suffer irreparable loss.

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In view of the submissions made by learned counsel for the petitioners, this petition is dismissed on merits. However, petitioners are granted time from today to vacate the demised premises, i.e. on or before 30.04.2020. This order shall operate subject to filing of an undertaking by the petitioners in this regard before the Trial Court within fifteen days from the date of receipt of certified copy of this order and on making payment of the entire arrears of rent, if any due, within a period of four weeks from today and shall also keep on paying rent of ensuing months upto 30.04.2020 to the respondents no.1 to 6 on or before 10^th of each calendar month.

¶26

Mohita /72

Principal/ Headmaster Jaipur Shiksha Samiti v. Omprakash S/O Late Shri Shri Seetaram

Case brief

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What did the court decide?

Principal/ Headmaster Jaipur Shiksha Samiti v. Omprakash S/O Late Shri Shri Seetaram

Case brief

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What did the court decide?

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