Disposed

Narendra Kumar Garg S/O Shri Ghamandilal v. Inderprakash Garg S/O Satyakam Garg

Rajasthan HC25 Apr 2023CW/6273/2023

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition concerning landlord-tenant dispute where the appellate rent tribunal had directed the tenant to vacate premises. The court issued order based on mutual consent allowing continuation until March 31, 2025, with conditions for rent payment and undertaking submission.

What did the court decide?

Appellant-tenant directed to vacate premises on or before 31.03.2025, pay arrears of rent up to that date, pay future rent monthly, not alienate premises, and submit undertaking before Rent Tribunal w

Narendra Kumar Garg S/O Shri Ghamandilal Vs… — Landlord and Tenant | Rajasthan HC (2023)

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[2023/RJJP/007964]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 6273/2023

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Narendra Kumar Garg S/o Shri Ghamandilal, Owner Of Proprietorship Concern - Garg Company, Infront Of Panchmukhi Hanumanji, Outside Mathura Gate, Bharatpur.

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----Applicant-Tenant/Petitioner

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Versus

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Inderprakash Garg S/o Satyakam Garg, (Deceased)

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1/1. Abhay Garg S/o Late Sh.inderprakash Garg, R/o Infront Of Panchmakhi Hanumanji, Outside-Mathura Gate, Bharatpur.

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----Non-Applicant/Landlord/Respondents

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For Petitioner(s)	:	Mr. Vinod Kumar Tamoliya
For Respondent(s)	:	Mr. Ajay Gupta
		Mr. Sonal Meena
		Mr. Mukesh Kumar Sherawat

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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25/04/2023

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Instant writ petition has been filed by the petitioner-tenant against the judgment dated 09.03.2023 passed by the Appellate Rent Tribunal, Bharatpur in Rent Appeal No.42/2016 (CIS No.35/2016), whereby the appeal filed by the petitioner-tenant against the judgment & recovery certificate dated 30.09.2016 passed by the Rent Tribunal, Bharatpur was dismissed and the petitionertenant was directed to vacate the disputed premises.

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After arguing for some time, Mr. Vinod Kumar Tamoliya, learned counsel for the petitioner-tenant, on instructions from his client, submits that the petitioner-tenant shall vacate the disputed premises on or before 31.03.2025.

[2023/RJJP/007964]

[CW-6273/2023]

(2 of 2)

Mr. Ajay Gupta, learned counsel appearing on behalf of the respondent-landlord on instructions from his client agreed to the proposal of the learned counsel for the petitioner-tenant.

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In view of the consent of learned counsel for the parties, the writ petition is disposed of with the following directions:(i) The petitioner-tenant shall be entitled to continue in occupation of the disputed premises till 31.03.2025 with a condition that he would hand over the vacant possession of the disputed premises to the respondent-landlord on or before 31.03.2025.

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(ii) The petitioner-tenant shall pay arrears of rent, if any, up to 31.03.2023 within a period of two months from today. (iii) The petitioner-tenant shall pay rent to the respondent-landlord, commencing from 1^st April, 2023, as per order of the Rent Tribunal on or before 10^th of each month. (iv) The petitioner-tenant shall not alienate or otherwise create third party right, or hand over possession of the disputed premises to any other person.

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(v) Further, the petitioner-tenant shall submit an undertaking incorporating the aforesaid conditions before the Rent Tribunal, Bharatpur within a period of thirty days, from the date of this order. In case petitioner-tenant fails to submit the undertaking as directed by this court within a period of thirty days from today, or breaches the conditions of this order, the respondent-landlord shall be entitled to the immediate execution of the judgment and possession certificate dated 30.09.2016 and obtain possession of the disputed premises forthwith in accordance with law.

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(INDERJEET SINGH),J

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Upendra Pratap Singh /86

Narendra Kumar Garg S/O Shri Ghamandilal v. Inderprakash Garg S/O Satyakam Garg

Case brief

What is this about?

What did the court decide?

Narendra Kumar Garg S/O Shri Ghamandilal v. Inderprakash Garg S/O Satyakam Garg

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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