Petitioner sought nine months to vacate premises. Court allowed possession until 30.11.2020 contingent on depositing mesne profit. Failure to comply allows respondent to execute decree and initiate contempt.
Petitioner entitled to possession till 30.11.2020 subject to deposit of arrears of mesne profit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2084/2020
Rajendra Singh S/o Shri Dayalaram, Aged About 56 Years, By Caste Balai, Resident Of House No. 64, Joshi Colony, Bunkar Basti, Rajamal Ka Talab, Chowkadi Sharhad, Jaipur.
Versus
Koli, Resident House No. Joshi Ji Ka Talab, Chokwadi p%+$&" %'* #??- -j ,& $ . t,,,&$Respondent & f' . . .. . -. . . 3 q -0 ,,zF. 6X- ,,,.. & -' V' '."r I -r.. a^ *-, zf% y For Petf@ner(s) : Mr. Mahendra Kumar Nahar hitti % Mr. D.K. Garg > .qxe*&&8qp% For Respondent(s) I- g%aa$: && .+' .+ L hf2kfa$ As- -8 d+ @+tme$&AT$*N~a g#:y34 ,pj& GUPTA
13/02/2020
under Article 227 of the Constitution of India h petitioner aggrieved by Metropolitan, Jaipur d to as "the Rent Vh Tribunal") in ~~~licatiorl kt, .NC~:;P&@:@I"L, is $t$, ":;;$~h was confirmed by the judgment and decree dated 16.11.2019 passed by the Appellate Rent Tribunal, Jaipur Metropolitan, Jaipur (hereinafter referred to as "the Appellate Tribunal").
Learned counsel for the petitioner Shri Mahendra Kumar Nahar after arguing the matter at some length, on instruction of his client, has not pressed this writ petition on merits. The only prayer made by him is that time of nine months
may kindly be granted to the petitioner to vacate the tenanted premises.
In view of the aforesaid submissions of learned counsel for the petitioner, this writ petition is being decided in the following terms: -
Further, the petitioner shall submit an undertaking on oath incorporating the aforesaid conditions before the learned Rent Tribunal, Jaipur Metropolitan, Jaipur within a period of four weeks from the date of this order. In case, the petitioner fails to submit the undertaking, as aforesaid, within four weeks from
(3 of 3)
[CW-2084/2020]
today and/or commit breach of any of the conditions of this order, the respondent shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with law and it will be open for the respondent to initiate contempt proceedings against the petitioner in this Court.
The writ petition stands disposed of accordingly.
Consequent petition, stay &-fapplication filed the%rwj me also stands 42 -%~ .:%
(PRAKASH GUPTA),J
2 issues framed by the court
Whether the petitioner should be granted a specific period to vacate the tenanted premises.
Whether the petitioner is required to deposit arrears of mesne profit before obtaining relief.
1 provisions across 1 enactments
Rajendra Singh
Koli
PRAKASH GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
