Dismissed

Kamal Meghani Son of Shri Nanak Chand v. Satish Kumar Talreja Son of Late Dr. Ramkumar

Rajasthan HC19 Feb 2021CW/8746/2020

Case brief

AI extract

What is this about?

Petitioner did not press the writ petition on merits. Court dismissed the petition but granted time until 31.08.2022 for vacating premises, subject to payment of arrears and mesne profit of ₹15,000 per month and an undertaking not to sub-let.

What did the court decide?

Time granted until 31.08.2022 to vacate premises; petitioner directed to pay all arrears and ₹15,000 monthly mesne profit to respondent and not to sub-let.

Kamal Meghani Son of Shri Nanak Chand Vs Satish… — Execution and Attachment | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 8746/2020

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Kamal Meghani Son Of Shri Nanak Chand, Shop Mateshwari Medical Store, Dr. Ramkumar Building, Chawni, Main Bazaar, Kota Raj.

¶4

----Non-Applicant/Appellant/Petitioner

¶5

Versus

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Satish Kumar Talreja Son Of Late Dr. Ramkumar, Shop Sai Kumar Medical, Chawni Main Road, Kota Raj.

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----Applicant/Respondent

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For Petitioner(s) : Mr. Hemant Sharma For Respondent(s) : Mr. Pradeep Mathur

¶9

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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19/02/2021

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Learned counsel appearing for the petitioner, on instructions, does not press the writ petition on merits and prays for a reasonable time (one and half years) to vacate the premises.

¶13

Learned counsel appearing for the respondent has no objection to the prayer made; however, he submits that the petitioner may be granted time subject to payment of a sum of ₹15,000/- per month by way of mesne profit.

¶14

In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioner is granted time upto 31.08.2022 to hand over vacant and peaceful possession of the rented premises to the respondent subject to following conditions:-

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The entire arrears of rent/mesne profit till date, shall be deposited by the petitioner in the bank

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(2 of 2)

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[CW-8746/2020]

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account of respondent within a period of four weeks from the date of the order.

¶19

The petitioner shall pay a sum of ₹15,000/- per month towards mesne profit to the respondent from 01.03.2021 till vacation of the rented premises i.e. 31.08.2022, which may be deposited by him in the bank account of the respondent by 10^th day of each succeeding month.

¶20

The petitioner further undertakes that he shall not sub-let, assign or part with possession of rented premises or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period.

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The petitioner shall furnish a written undertaking incorporating aforesaid conditions before the Rent Tribunal within a period of four weeks from today.

¶22

It is made clear that in case, petitioner does not comply with any of aforesaid conditions, then the Rent Tribunal shall ensure his eviction without requiring respondent to file separate execution petition even before aforesaid date and it will be open for respondent to initiate contempt proceedings in this court.

¶23

The writ petition is dismissed as not pressed with the aforesaid directions. All pending applications also stand disposed of accordingly.

¶24

(MAHENDAR KUMAR GOYAL),J

¶25

Manish/47

Kamal Meghani Son of Shri Nanak Chand v. Satish Kumar Talreja Son of Late Dr. Ramkumar

Case brief

What is this about?

What did the court decide?

Kamal Meghani Son of Shri Nanak Chand v. Satish Kumar Talreja Son of Late Dr. Ramkumar

Case brief

What is this about?

What did the court decide?

What the court decided

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