Dismissed

Om Prakash Gupta S/O Chhitar Lal Gupta v. Smt. Kamla Bai W/O Late Bhanwarlal

Rajasthan HC7 Nov 2022CW/9227/2022

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition as not pressed on merits. It granted the petitioners a temporary extension of time (joining) to vacate rented premises until 31.05.2024, subject to payment of arrears and mesne profit and furnishing an undertaking.

What did the court decide?

Petitioners granted time until 31.05.2024 to deliver vacant possession, subject to payment of arrears and mesne profit and filing an undertaking with the Rent Tribunal.

Om Prakash Gupta S/O Chhitar Lal Gupta Vs Smt. Kamla… — Landlord and Tenant | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 9227/2022

¶3

Om Prakash Gupta S/o Chhitar Lal Gupta, Resident Of Ambey Darbar Electronics, Plot No. 2, Keshavpura First Crossing, Banjara Gali, Kota (Raj.)

¶4

Shambhu Dayal S/o Ram Karan Meena, Resident Of Plot No. 2, Keshavpura First Crossing, Banjara Gali, Kota (Raj.)

¶5

----Petitioners

¶6

Versus

¶7

Smt. Kamla Bai W/o Late Bhanwarlal, Resident Of Plot No. 2, Keshavpura First Crossing, Banjara Gali, Kota (Raj.)

¶8

Deendayal Banjara S/o Late Bhanwarlal, Resident Of Plot No. 2, Keshavpura First Crossing, Banjara Gali, Kota (Raj.)

¶9

----Respondents

¶10

For Petitioner(s) : Mr. Shailesh Prakash Sharma, Adv. with Mr. Vishwas Sharma, Adv.

¶11

For Respondent(s) : Mr. Abhishek Pareek, Adv.

¶12

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

¶13

Order

¶14

07/11/2022

¶15

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

¶16

Learned counsel appearing for the respondents has no objection to the prayer made; however, he submits that the petitioners may be granted time subject to payment of a sum of Rs.7500/- per month by way of mesne profit.

¶17

This is not objected by the learned counsel for the petitioners.

¶18

(2 of 2)

¶19

[CW-9227/2022]

¶20

In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioners are granted time upto 31.05.2024 to hand over vacant and peaceful possession of the rented premises to the respondents subject to following conditions:-

¶21

The entire arrears of rent/mesne profit till date, shall be deposited by the petitioners in the bank account of respondents within a period of four weeks from the date of the order.

¶22

The petitioners shall pay a sum of ₹7500/- per month towards mesne profit to the respondents from 01.12.2022 till vacation of the rented premises i.e. 31.05.2024, which may be deposited by them in the bank account of the respondents by 10^th day of each succeeding month.

¶23

The petitioners further undertake that they shall not sub-let, assign or part with possession of rented 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.

¶24

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

¶25

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

¶26

Pending applications also stand disposed of.

¶27

(MAHENDAR KUMAR GOYAL),J

¶28

Pooja /231

Om Prakash Gupta S/O Chhitar Lal Gupta v. Smt. Kamla Bai W/O Late Bhanwarlal

Case brief

What is this about?

What did the court decide?

Om Prakash Gupta S/O Chhitar Lal Gupta v. Smt. Kamla Bai W/O Late Bhanwarlal

Case brief

What is this about?

What did the court decide?

What the court decided

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