Dismissed

Gulab Chand v. Lrs. of Shyam Shah

Rajasthan HC23 Sept 2022CW/11873/2022

Case brief

AI extract

What is this about?

Petitioners in a writ petition regarding eviction disputes did not press the matter on merits. The High Court dismissed the petition and granted time for vacating the premises subject to conditions regarding mesne profit and non-subletting.

What did the court decide?

Petitioners directed to handover vacant possession by 31.12.2023, pay mesne profits, and submit undertaking; decree execution stayed until that date.

Gulab Chand Vs Lrs. of Shyam Shah — Rajasthan HC (2022) — LawSathi Research

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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. 11873/2022

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Gulab Chand S/o Shri Manakchand Mehta, Aged About 66 Years, Resident Of Ram Medical Ki Gali Manak Chowk, Jodhpur (Rajasthan).

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Mahavir Chand S/o Shri Manakchand Mehta, Aged About 65 Years, Resident Of First C Road, Opposite Anil General Store, Sardarpura Jodhpur (Rajasthan).

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----Petitioners

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Versus

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LRs. Of Shyam Shah, S/o Shri Ugamraj.

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1/1. Smt. Madhu Shah W/o Shri Shyam Shah,

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1/2. Pradeep Shah S/o Shri Shyam Singh,

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1/3. Sandeep Shah S/o Shri Shyam Shah, All Resident Of Sugan, Manak Chowk, Jodhpur (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Loonkaran Purohit (through VC) Mr. Harshit Bhurani For Respondent(s) : Mr. V.D. Gaur for Mr. O.P. Mehta

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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23/09/2022

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The petitioner-non-applicants have preferred this writ

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petition being aggrieved by the impugned judgment and decree dated 16.07.2022 passed by the Appellate Rent Tribunal, Jodhpur Metropolitan, Jodhpur in Rent Appeal No.03/2020, whereby the appeal of the petitioners has been dismissed and the judgment dated 17.10.2019 passed by the Rent Tribunal, Jodhpur Metropolitan has been affirmed. By the judgment dated 17.10.2019, the Rent Tribunal, Jodhpur Metropolitan has allowed

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(2 of 4)

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[CW-11873/2022]

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the original application filed by the respondents for eviction and recovery of rent against the petitioners on the ground of reasonable and bonafide necessity.

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Learned counsel for the petitioners upon instructions submits that the petitioners do not want to press this 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 respondents agrees that the respondents have 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 pay the mesne profit of disputed premises at the rate of Rs.5,000/- per month from the date the rent is due and is also ready to continue to pay mesne profit every month by 15^th day of the next succeeding month or in advance to the respondents up till the vacant possession is handed over to the respondents.

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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-landlords on or before 31.12.2023 with the following conditions:-

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(i) The petitioners shall submit an undertaking to the effect that

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they shall handover the vacant and peaceful possession of the suit premises in dispute to the respondents-applicants on

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(3 of 4)

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[CW-11873/2022]

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or before 31.12.2023 and shall not cause any damage to the rent property and shall maintain the same as it is. The respondents shall not execute the impugned decree till 31.12.2023.

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(ii) The petitioners shall pay the mesne profit of Rs.5,000/- per month from the date the rent is due and shall further continue to pay mesne profit every month by 15^th day of the next succeeding month or in advance to the respondents up till vacant possession is handed over to the respondentlandlords. The arrears of rent and mesne profit 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 respondents.

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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 October, 2022 and one copy thereof along with affidavit in this Court.

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(v) The respondents will give the details of their bank account number in which the arrears of rent or mesne profit and

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(4 of 4)

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[CW-11873/2022]

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regular mesne profit now to be paid, will be deposited within

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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 respondents to get the decree passed in their favour executed forthwith even before the aforesaid dated i.e. 31.12.2023 and the respondents may also initiate contempt proceedings in this Court against the petitioners.

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No costs.

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A copy of this judgment be sent to the learned court below forthwith.

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(VIJAY BISHNOI),J
Abhishek Kumar
S.No.48

Gulab Chand v. Lrs. of Shyam Shah

Case brief

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Gulab Chand v. Lrs. of Shyam Shah

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