Hanumaan Sharan vs Meera Meena And Ors

The instant Civil Writ Petition under Article 227 of the Constitution of India has been filed by the petitioner aggrieved by the Judgment dated

10.12.2019 passed by Appellate Rent Tribunal, Jaipur, whereby the said Court dismissed the appeal filed by the petitioner against the order dated

15.06.2017 passed by the Rent Tribunal, Jaipur in Rent Application No.227/2009 (734/2015).

Learned counsel for the petitioner Shri B.L. Gupta after arguing the matter at some length, on instruction of his client, has not pressed this writ petition

on merits. The only prayer made by him is that time of two years may kindly be granted to the petitioner to vacate the tenanted premises.

Learned counsel appearing for the respondent/applicant Sh. O.P. Mishra has no objection in granting the time as prayed for by the petitioner for

vacating the tenanted premises.

In view of the aforesaid submission of learned counsel for the parties, this writ petition is being decided in the following terms:-

The petitioner shall be entitled to continue in possession of the suit premises till 08.01.2022 but not beyond that, subject to condition that he will hand

over the vacant and peaceful possession of the tenanted premises to the respondent/applicant on or before 08.01.2022.

The petitioner shall deposit arrears of mesne profit, if any, due towards him up to 31.12.2019 @ Rs.55.70/- per month within a period of one month

from today in the Bank account of the respondent/applicant and thereafter, from 01.01.2020, the petitioner shall deposit the mesne profit @ Rs.167/- in

the bank account of the respondent/applicant by 15th of each month. The learned counsel for the respondent/applicant shall furnish the details of

respondent/applicant's Bank account to the counsel for the petitioner within a period of fifteen days from today, failing which, the amount be deposited

in the Tribunal and the respondent/applicant shall be at liberty to withdraw the same.

The petitioner shall not alienate or otherwise create third party right or hand over possession of the tenanted premises in question to any other

person.

If the petitioner fails to deposit the mesne profit consecutively for four months, the respondent/applicant shall be at liberty to execute the decree

without any further reference to the Court.

Further, the petitioner shall submit an undertaking on oath incorporating the aforesaid conditions before the learned Rent Tribunal, Jaipur Metropolitan,

Jaipur within a period of four weeks from the date of this order. In case, the petitioner fails to submit the undertaking, as aforesaid, within four weeks

from today and/or commits breach of any of the conditions of this order, the respondent/applicant shall be entitled to execute the decree forthwith and

obtain possession of the suit premises in accordance with law and it will be open for the respondent/applicant to initiate contempt proceedings in this

Court.

The writ petition stands disposed of accordingly.

Consequent upon disposal of the writ petition, stay application filed therwith does not survice and same also stands disposed of.