Dismissed

Lrs of Sanjay Gothwal v. Smt. Pratibha Agarwal

Rajasthan HC23 Jul 2019CW/5782/2019

Case brief

AI extract

What is this about?

This landlord-tenant case involves a writ petition surrendered with an alternative prayer. The High Court dismissed the petition but granted the petitioner time to vacate within one year, conditional on submitting an undertaking, paying mesne profit arrears, and paying future profits to the respondents.

What did the court decide?

Writ petition dismissed as withdrawn; petitioner allowed time to vacate on conditions of undertaking and mesne profit payment.

Lrs of Sanjay Gothwal Vs Smt. Pratibha Agarwal — Landlord and Tenant | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 5782/2019

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LRs Of Sanjay Gothwal, S/o Late Ramchandra Ji Gothwal, R/o Udaipur.

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1/1. Dinesh S/o Late Sanjay Gothwal, Aged About 52 Years, By Caste Darji, Resident Of 29, Jhiniret-Ki-Gali, Udaipur (Raj.).

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----Petitioners

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Versus

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Smt. Pratibha Agarwal W/o Late Shyam Sunder Agarwal, 86, Dhanmandi Road, Lakhara Chowk, Udaipur (Raj.).

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Ku. Rachana Agarwal D/o Late Shyam Sunder Agarwal, 86, Dhanmandi Road, Lakhara Chowk, Udaipur (Raj.).

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Ku. Mamata Agarwal D/o Late Shyam Sunder Agarwal, 86, Dhanmandi Road, Lakhara Chowk, Udaipur (Raj.).

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Ku. Charu Agarwal D/o Late Shyam Sunder Agarwal, 86, Dhanmandi Road, Lakhara Chowk, Udaipur (Raj.).

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Shri Hemant Agarwal S/o Late Shyam Sunder Agarwal, 86, Dhanmandi Road, Lakhara Chowk, Udaipur (Raj.).

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----Respondents

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For Petitioner(s)	:	Mr. G. S. Rathore on behalf of
		Mr. Deelip Kawadia.
For Respondent(s)	:	Mr. C. S. Kotwani.

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JUSTICE DINESH MEHTA Order

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23/07/2019

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After arguing for some time, learned counsel for the petitioner seeks permission to withdraw the present writ petition with an alternative prayer that the petitioner be allowed a reasonable time to vacate the suit premises.

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(2 of 3)

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[CW-5782/2019]

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Learned counsel without opposing such request, however prayed that reasonable ‘mesne profit’ be fixed. Hence, the writ petition is dismissed as withdrawn; however the petitioner is granted time to vacate the suit premises by 31.03.2019 on the following terms :

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(i) The petitioner shall submit an undertaking supported by his affidavit before the Rent Tribunal, Udaipur, within three weeks from today to the effect that he shall hand over peaceful and vacant possession of the suit premises to the respondents on or before 31.03.2020. He shall also undertake not to cause any damage to the suit premises nor to make any alteration and not to assign, sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance.

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(ii) Petitioner shall deposit the entire arrears of ‘mesne profit’ awarded by the Rent Tribunal on or before 31.08.2019.

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(iii) Petitioner shall pay ‘mesne profit’ of Rs.2,000/- per month w.e.f. 01.08.2019 on or before 7^th day of each month. First such payment shall be made on or before 07.09.2019.

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(iv) The petitioner shall deposit the ‘mesne profit’ in the Bank account of the respondents. Learned counsel for the respondent may give relevant particulars to the learned counsel for the petitioner within ten days from today, if he requires the amount to be deposited in the Bank.

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It is made clear that upon the petitioner’s failure to comply

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with any of the conditions aforesaid or violating any terms of the

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(3 of 3)

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[CW-5782/2019]

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undertaking, the respondents shall be entitled to execute the decree forthwith, besides initiating proceedings for Contempt of

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Court, in accordance with law.

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The stay application No.5689/2019 is also dismissed.

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(DINESH MEHTA),J

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236-A.Arora/-

Lrs of Sanjay Gothwal v. Smt. Pratibha Agarwal

Case brief

What is this about?

What did the court decide?

Lrs of Sanjay Gothwal v. Smt. Pratibha Agarwal

Case brief

What is this about?

What did the court decide?

What the court decided

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