Partly allowed

Nirmala Monga v. Thakurdas Khatri

Rajasthan HC11 Nov 2021CW/6824/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a writ petition seeking time to vacate suit premises. The Court allowed the petition but imposed conditions regarding submission of an undertaking, deposit of arrears, and payment of mesne profits, fixing the vacating date as 31.03.2023.

What did the court decide?

Petitioners granted time to vacate suit premises by 31.03.2023, subject to undertakings, deposit of arrears, and payment of mesne profits.

Nirmala Monga Vs Thakurdas Khatri — Landlord and Tenant | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 6824/2021

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Nirmala Monga W/o Late Shri Sohanlal Monga, Aged About 73 Years, By Caste Monga, Resident Of 4-E-373, Jainarayan Vyas Colony, Bikaner.

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Rajeev Monga S/o Late Shri Sohanlal Monga, Aged About 45 Years, By Caste Monga, Resident Of 4-E-373, Jainarayan Vyas Colony, Bikaner.

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----Petitioners

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Versus

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Thakurdas Khatri S/o Late Shri Butaram Khatri, By Caste Khatri, Resident Of 3-E-236, Jainarayan Vyas Colony, Bikaner.

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Ramesh Chandra S/o Late Shri Butaram Khatri, By Caste Khatri, Resident Of 3-E-236, Jainarayan Vyas Colony, Bikaner.

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----Respondents

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For Petitioner(s)	: Mr. Jai Kishna Bhaiya
	Mr. Rajeev Mongapetitioner inperson
For Respondent(s)	: Mr. ManojBhandari

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JUSTICE DINESH MEHTA

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Order

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11/11/2021

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The present writ petition has been filed against the judgment dated 01.02.2019, passed by the learned Rent Tribunal, Bikaner, whereby the application filed by the respondents under Sections 6 and 9 of the Rent Control Act has been allowed and the appeal preferred thereagainst by the petitioners, has been dismissed by the Rent Appellate Tribunal, Bikaner, vide judgment dated 07.04.2021.

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(2 of 3)

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[CW-6824/2021]

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Learned counsel for the petitioners has limited his prayer to the extent of granting time to vacate the suit premises. 3. In view of the above, finding no ground to interfere, this writ petition stands disposed of while granting time to the petitioners to vacate the suit premises by 31.03.2023 on the following conditions:-

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(i) The petitioners shall personally submit an undertaking supported by their affidavit before the Trial Court to the effect that on or before 31.03.2023, they shall hand over peaceful and vacant possession of the suit premises to the respondent. They 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) The petitioners shall deposit entire arrears of rent calculated at the rate of Rs.5000/- per month, latest by 31.01.2022.

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(iii) The petitioners shall pay mesne profit of Rs.7,000/- per month from 01.12.2021 on or before 7^th day of each month in the Bank Account No.-669901051535, ICICI Bank, Bikaner, Name- Sh. Thakur Das Khatri, Mobile No.8875489921, till the vacant possession of the suit property is handed over i.e. by 31.03.2023. First such payment shall be made on or before 07.01.2022.

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(3 of 3)

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[CW-6824/2021]

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(iv) The undertaking with the affidavit shall be filed by the

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petitioners in the Trial Court by 30.11.2021.

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It is made clear that upon petitioners’ failure to comply with any of the conditions aforesaid or violating any terms of the undertaking, the respondent shall be entitled to execute the judgment passed by the Rent Tribunal forthwith, besides initiating proceedings for contempt of court, in accordance with law.

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No order as to costs.

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The stay application also disposed of accordingly.

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(DINESH MEHTA),J

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9-pooja/-

Nirmala Monga v. Thakurdas Khatri

Case brief

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Nirmala Monga v. Thakurdas Khatri

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