Disposed

Lrs. of Mohammad Salim v. Abdul Rashid

Rajasthan HC3 Sept 2024CW/12634/2024

Case brief

AI extract

What is this about?

The High Court directed petitioners-tenants to vacate suit premises and handover vacant possession to respondent-landlord by 31.12.2025. Petitioners must pay mesne profits from 01.10.2024, clear arrears, and provide an undertaking against subletting. Failure to comply renders the recovery certificate executable and may invite contempt.

What did the court decide?

Direction to handover vacant possession by 31.12.2025, pay mesne profits from 01.10.2024, clear arrears, and provide undertaking against subletting.

Lrs. of Mohammad Salim Vs Abdul Rashid — Landlord and Tenant | Rajasthan HC (2024)

¶1

[2024:RJ-JD:36714]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Writ Petition No. 12634/2024

¶4

Lrs. Of Mohammad Salim, S/o Shri Mohammad Sitab Bhisti, Since Deceased Through His L.rs -

¶5

Smt. Chaman Banu W/o Late Shri Mohammad Salim, Aged About 55 Years, R/o Session Court To Railway Station Road, Near Suvalka Bhawan, Gafur Ji Ka Nohra, Bhopalganj, Bhilwara, District Bhilwara.

¶6

Mohammad Imran S/o Late Shri Mohammad Salim, Aged About 18 Years, R/o Session Court To Railway Station Road, Near Suvalka Bhawan, Gafur Ji Ka Nohra, Bhopalganj, Bhilwara, District Bhilwara.

¶7

Najiya Babu D/o Late Shri Mohammad Salim, Aged About 21 Years, R/o Session Court To Railway Station Road, Near Suvalka Bhawan, Gafur Ji Ka Nohra, Bhopalganj, Bhilwara, District Bhilwara.

¶8

----Petitioners

¶9

Versus

¶10

Abdul Rashid S/o Shri Abdul Sakur Gouri, R/o Old Dhanmandi, Bhilwara, District Bhilwara.

¶11

		----Respondent
For Petitioner(s)	: Mr. Naresh Singh for Mr. Rakesh Arora
For Respondent(s)	: Mr. Nikhil Ajmera

¶12

HON'BLE MS. JUSTICE REKHA BORANA

¶13

Order

¶14

03/09/2024

¶15

The present writ petition has been preferred aggrieved of the Order and Recovery Certificate dated 26.09.2023 passed by the Appellate Rent Tribunal (District Judge), Bhilwara in Rent Appeal No.08/2018 whereby the appeal against the Order dated 26.09.2017 passed by the Rent Tribunal, Bhilwara in Rent Case

[2024:RJ-JD:36714]

[CW-12634/2024]

(2 of 3)

No.41/2014 rejecting the application preferred by the respondentapplicant-landlord under Section 9(A) & (7) of Rajasthan Rent Control Act, 2001 seeking eviction of the petitioners-tenants, has been allowed.

¶20

Learned counsel appearing for the petitioners submitted that the petitioners-tenants are/were residing in suit premises since last 44 years and therefore, need some reasonable time to vacate the same. Learned counsel submitted that he has instructions not to press this petition on merits but reasonable time may be granted to the petitioners-tenants to vacate the suit premises and to handover the vacant possession of the same to the respondentlandlord.

¶21

Learned counsel appearing for the respondent-landlord, on instructions, does not oppose the submissions as made by learned counsel appearing for the petitioners.

¶22

Having heard learned counsel for the petitioners and having perused the orders and certificate of the Tribunal below, the prayer made by learned counsel for the petitioners seems to be reasonable and deserves to be granted subject to the present petition not being pressed on merits.

¶23

Accordingly, it is directed that the petitioners shall handover the peaceful and vacant possession of the suit premises to the respondent-applicant-landlord on or before 31.12.2025 and shall, w.e.f. 01.10.2024, continue to pay mesne profits at the rate of Rs.855/- per month (Rupees Eight Hundred Fifty Five only) by 15^th day of the next succeeding month or in advance to the respondent-applicant-landlord and in case there is any default in payment of mesne profits, the period of one year for eviction shall

[2024:RJ-JD:36714]

[CW-12634/2024]

(3 of 3)

stand reduced and the certificate of recovery/possession would become executable forthwith. The petitioners shall also clear all the arrears of rent, if any, and mesne profits and pay the same to the respondent-applicant-landlord within three months from today, if not paid till date, otherwise the same will bear interest @9% per annum. The petitioners shall also not sublet, 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 it is so done, the same would be treated as void. The petitioners shall furnish a written undertaking incorporating the aforesaid conditions before the learned Trial Court within a period of two months and one copy thereof along with affidavit, before this Court. It is made clear that if the peaceful and vacant possession of the suit premises is not handed over to the respondent-applicant-landlord upto 31.12.2025, or mesne profits are not paid as directed above, besides the expeditious execution of the decree/certificate in normal course, the respondent-applicant-landlord shall also be entitled to invoke the contempt jurisdiction of this Court.

¶28

With the aforesaid directions, the present writ petition stands disposed of .

¶29

The stay application and all pending applications also stand disposed of .

¶30

(REKHA BORANA),J

¶31

97-T.Singh/-

Lrs. of Mohammad Salim v. Abdul Rashid

Case brief

What is this about?

What did the court decide?

Lrs. of Mohammad Salim v. Abdul Rashid

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mool Singh Chundawat Vs Sub-Divisional Officer

Bilamchand Vs Anil Goyal

M/S. Mahadev Constructions Vs the State of Rajasthan

Smt. Sheela Devi Vs Bhanwar Lal

Pemp Singh Vs State of Rajasthan

Shanti Lal Rampuria Vs Tarachand Jatanlal Rampuria HUF