Disposed

Mangi Lal v. State of Rajasthan

Rajasthan HC12 Jul 2019CW/4425/2019

Case brief

AI extract

What is this about?

In this tenant-restitution matter, the High Court of Rajasthan ordered the petitioner-tenant to vacate possession by 31.12.2020, pay mesne profits of Rs. 2,500/month, and submit an undertaking to the Rent Tribunal, with a certificate for recovery as a consequence of non-compliance.

What did the court decide?

Order to vacate by 31.12.2020; pay mesne profits of Rs. 2,500/month; submit undertaking by 14.8.2019; certificate for recovery executable on default.

Mangi Lal Vs State of Rajasthan — Landlord and Tenant | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ Petition No. 4425/2019

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Mangi Lal S/o Shri Dana Ji, Aged About 66 Years, By Caste Mali, Resident Of Rajendra Nagar, Jalore (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Secrtary, Local Self Department, Government Of Rajasthan, Secretariat, Jaipur.

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----Respondent

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For Petitioner(s) : Mr. Sanjay Nahar. For Respondent(s) : Mr. S.C. Maloo

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HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE DINESH MEHTA

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Order

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12/07/2019

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Learned counsel for the petitioner submits that in the light of previous order in another matter D.B. Civil Writ Petition No.241/2019 [Thana Ram vs. State of Rajasthan] the challenge to the vires of Section 3(viii) of the Rajasthan Rent Control Act is not pressed. He further submits that the petitioner/tenant is willing to vacate provided some reasonable time is granted. Learned counsel stated that in Thana Ram’s case the time granted to vacate was on or before 31.12.2020.

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In the circumstances the following directions are issued:-

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(1)The petitioner shall vacate and hand over the vacant possession of the premises in question to the respondent no.3 on or before 31.12.2020

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(2)The petitioner shall pay the mesne profits for the use and occupation of the premises as determined by the Rent Tribunal @ Rs.2,500/ - per month to the respondent no.3. The arrear of mesne profits, if not already paid, shall be

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(2 of 2)

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[CW-4425/2019]

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paid within a period of one month from the date of this order.

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(3)The petitioner shall continue to pay the mesne profits as aforesaid month by month, by 7^th day of the following month towards the use and occupation of the premises during the said period;

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(4)The petitioner shall not make any material alteration in the premises in question and shall not part with the possession of the premises during the said period;

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(5) The petitioner shall submit an undertaking before the Rent Tribunal latest by 14.8.2019, for compliance of the order passed by this Court as aforesaid;

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(6)On the failure of the petitioner to comply with any of the aforesaid directions, the certificate for recovery of possession shall become executable forthwith.

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The petition is disposed of in the above terms.

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(DINESH MEHTA),J (S. RAVINDRA BHAT),CJ

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193-Ashutosh/-

Mangi Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mangi Lal v. State of Rajasthan

Case brief

What is this about?

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