Dismissed

Mukesh Kumar v. Vinod Kumar Wadhwa

Rajasthan HC17 Aug 2021CW/13339/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed a non-pressed writ petition regarding eviction. Due to mutual consent, the court granted the petitioners time to hand over possession while requiring them to pay rent and adhere to specific conditions.

What did the court decide?

Petition dismissed as not pressed on merits; petitioners directed to hand over vacant possession by 31.12.2022, pay due rent, and submit an undertaking with conditions; respondent's execution stayed u

Mukesh Kumar Vs Vinod Kumar Wadhwa — Property and Title | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Writ Petition No. 13339/2018

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Mukesh Kumar S/o Tiluram Mukhija Arora, Aged About 64 Years, Choudhary Bhagirath Singh Vakil Wali Gali No. 15, Purani Aabadi, Sriganganagar.

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Suresh Kumar S/o Tiluram Arora,, Aged About 52 Years, Choudhary Bhatgirath Singh Vakil Wali Gali No. 15, Purani Aabadi, Sriganganagar.

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----Petitioners

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Versus

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Vinod Kumar Wadhwa S/o Shri Munshiram, Aged About 53 Years, By Caste Arora, House No. 31, G-Block, Sriganganagar.

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----Respondent

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For Petitioner(s) : Mr. Manish Shishodia For Respondent(s) : Mr. Manoj Bhandari

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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17/08/2021

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The petitioner-non-applicants have preferred this writ petition being aggrieved by the impugned judgment and decree dated 31.07.2018 passed by the Appellate Rent Tribunal, Sriganganagar in Rent Appeal No.12/2015, whereby the appeal of the petitioners has been dismissed and the judgment dated 25.03.2015 passed by the Rent Tribunal, Sriganganagar has been affirmed. By the judgment dated 25.03.2015, the Rent Tribunal, Sriganganagar has allowed the original application filed by the respondent for eviction against the petitioners.

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(2 of 4)

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[CW-13339/2018]

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Learned counsel for the petitioners upon instructions submits that the petitioners do not want to press the writ petition on merits, however, prays that reasonable time may be granted to them to handover the vacant and peaceful possession of the suit premises.

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Learned counsel for the respondent agrees that the respondent has no objection if reasonable time is given to the petitioners to handover the vacant and peaceful possession of the suit premises.

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Learned counsel for the petitioners has submitted that the petitioners are ready to continue to pay rent every month by 15^th day of the next succeeding month or in advance to the respondent up till the vacant possession is handed over to the respondent.

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Accordingly, with the consent of both the learned counsel, the present writ petition of the petitioners is dismissed as not pressed on merits with a direction to the petitioners to submit an undertaking to the effect that they will handover the peaceful and vacant possession of the suit premises to the respondent-landlord on or before 31.12.2022 with the following conditions:-

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(i) The petitioners shall submit an undertaking to the effect that they shall handover the vacant and peaceful possession of the suit premises in dispute to the respondentapplicant on or before 31.12.2022 and shall not cause any damage to the rent property and shall maintain the same as it is. The respondent shall not execute the impugned decree till 31.12.2022.

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(3 of 4)

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[CW-13339/2018]

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(ii) The petitioners shall pay the rent as per the judgment of Rent Tribunal and shall further continue to pay the same every month by 15th day of the next succeeding month or in advance to the respondent up till vacant possession is handed over to the respondent-landlord. The arrears of rent as determined by the Tribunals below, if not already paid, shall also be paid by the petitioners within a period of three months from today and entire amount including the amount already deposited on this account will be disbursed to the respondent.

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(iii) The petitioner-defendants shall further undertake that they will not sub-let, assign or part with the possession of the suit premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period and if they do so, the same will be treated as void.

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(iv) The petitioners shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court by 31^st August, 2021 and one copy thereof along with affidavit in this Court.

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(v) The respondent will give the details of his bank account number in which the arrears of rent now to be paid, will be deposited within a period of three months from today.

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(vi) It is made clear, that in case, the petitioners do not comply with any of the aforesaid conditions, then it will be open for the respondent to get the decree passed in his favour executed forthwith even before the aforesaid dated i.e. 31.12.2022 and the respondent may also initiate contempt proceedings in this Court against the petitioners.

(4 of 4)

[CW-13339/2018]

No costs.

A copy of this judgment be sent to the learned court

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below forthwith.

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(VIJAY BISHNOI),J

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201-Arun/-

Mukesh Kumar v. Vinod Kumar Wadhwa

Case brief

What is this about?

What did the court decide?

Mukesh Kumar v. Vinod Kumar Wadhwa

Case brief

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