Dismissed

Omprakash Gera Son of Pyarelal v. Satyanarayan Sharma Son of Ramkishan Sharma

Rajasthan HC15 Mar 2019CW/3266/2019

Case brief

AI extract

What is this about?

This is a one-line order closing writ proceedings on consensual terms. The High Court ordered the petitioner to vacate premises by September 30, 2021, pay mesne profits and submit an undertaking, with failure tantamount to contempt.

What did the court decide?

Proceedings closed; tenant to vacate by 30th Sept 2021, pay arrears and mesne profits, and submit undertaking.

Omprakash Gera Son of Pyarelal Vs Satyanarayan Sharma… — Landlord and Tenant | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writs No. 3266/2019

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Omprakash Gera Son Of Pyarelal, By Caste- Khatri Panjabi, Proprietor- Hans General Store, Indra Market, Baran, District - Baran (Rajasthan)(Deceased)

¶4

Piyush Gera Son Of Late Omprakash Gera, Aged About 36 Years, By Caste- Khatri Panjabi, Resident Of Idgaah Tiraha, Hospital Road, Baran (Raj.).

¶5

Kapil Gera Son Of Late Omprakash Gera, Aged About 32 Years, By Caste- Khatri Panjabi, Resident Of Idgaah Tiraha, Hospital Road, Baran (Raj.).

¶6

Smt. Prem Gera Wife Of Late Omprakash Gera, Aged About 56 Years, By Caste- Khatri Panjabi, Resident Of Idgaah Tiraha, Hospital Road, Baran (Raj.).

¶7

----Petitioners

¶8

Versus

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Satyanarayan Sharma Son Of Ramkishan Sharma, Aged About 59 Years, President Aadi Gaud Brahman Seva Sansthan (Registered 34/2007-2008), Baran, District - Baran (Rajasthan).

¶10

----Respondent

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For Petitioner(s) : Mr.Sanjay Singhal For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Judgment / Order

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15/03/2019

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Counsel for the petitioner gives out that petitioner has agreed to the proposal of the counsel for the respondent-landlord, to vacate the premises involved herein, on or before 30^th September, 2021.

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(2 of 3)

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[CW-3266/2019]

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In view of conscious consensus arrived at between the parties present agnd represented through their counsel; the instant writ proceedings stand closed, with the following direction: (a) Petitioner shall be entitled to continue in occupation of the rented premises involved herein with the condition that he would handover vacant possession of the premises/shop in question to the respondent-landlord on or before 30^th September, 2021.

¶19

(b) Petitioner shall pay arrears of rent, if any, within one month from today.

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(c) Petitioner shall continue to pay the mesne profits @ 2400/(Rs. Twenty Four hundred only) per month with effect from 1^st April, 2019, on or before 10^th of every month.

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(d) The petitioner shall not alienate/transfer or otherwise create any third party rights or handover possession of the shop involved herein to any other person.

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The petitioner is further directed to submit an undertaking incorporating the conditions as detailed out hereinabove, before the Rent Tribunal, Baran, within a period of 30 days from today.

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In case, the petitioner fails to submit the undertaking with the conditions aforesaid and as directed by this Court within the period of 30 days from today or committed any breach of the terms and conditions detailed hereinabove; such an act shall tantamount to contempt of court. Further, the respondent-landlord shall be entitled to recourse to execution proceedings, for eviction of the petitioner from the rented premises and shall be entitled to possession of the premises involved herein, in accordance with law.

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(3 of 3)

¶25

[CW-3266/2019]

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With the terms and conditions as indicated above, writ proceedings stand closed.

¶27

(SANJEEV PRAKASH SHARMA),J

¶28

Sandeep/-51

Omprakash Gera Son of Pyarelal v. Satyanarayan Sharma Son of Ramkishan Sharma

Case brief

What is this about?

What did the court decide?

Omprakash Gera Son of Pyarelal v. Satyanarayan Sharma Son of Ramkishan Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

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