Jayanti Devi And Ors vs Nitesh Bhotra

By the instant writ petition under Article 226 and 227 of the Constitution of India, petitioner-tenants have challenged judgment dated 10.01.2019, passed by Appellate Rent Tribunal, Bikaner (for short, 'Appellate Tribunal'), whereby learned Appellate Tribunal, while affirming judgment dated 20.03.2013, passed by Rent Tribunal, Bikaner (for short, 'learned Tribunal') under Section 6 & 9 of the Rajasthan Rent Control Act, 2001 (for short, 'Act'), asking him to vacate the rented premises situated at shop Baba Ramdev Road, Main Market, Gangashahar, Bikaner.

The facts, in brief, are that the aforesaid premises was taken on rent by the petitioner from respondent-landlord. Essentially, the petition under Section 9 of the Act was founded on the ground of availability of alternative accommodation to the tenant. The learned Tribunal, after conclusion of trial, by its judgment dated 05.12.2008, issued direction to the petitioner-tenants to vacate the rented premises.

Being aggrieved by the same, petitioner-tenants approached the learned appellate Tribunal but that effort proved abortive and the learned appellate Tribunal affirmed the judgment passed by learned Tribunal.

While arguing the petition, it is very candidly submitted by learned counsel for the petitioners that they are not pressing the petition on merits but only craving for grant of some reasonable time to vacate the premises. Learned counsel appearing for the respondent-landlord, Mr. Motsara has also agreed to grant reasonable time to the petitioner-tenants for vacating the premises. After due deliberations, parties have agreed for 31.08.2020 as the deadline for vacating the rented premises.

In view thereof, without interfering with the impugned judgments, the writ petition is disposed of subject to the condition that petitioner-tenants shall vacate the premises on or before 31.08.2020 and handover possession of the premises to the respondent-landlord. During the interregnum period, the petitioners shall pay arrears of the rent/mesne profits @1815/-per month from the date of passing of the decree by the learned Tribunal after adjusting the amount of rent already paid. The petitioner shall also regularly pay the means profits for use & occupation on or before every 15th of every month without any delay till premises is vacated and possession is handed over to the respondent-landlord. It is further ordered that the petitioner shall furnish an undertaking before learned Tribunal with following stipulations:-

(i) Petitioner-tenants shall furnish a written undertaking in the Rent Tribunal within a month incorporating to hand-over vacant and peaceful possession of the rented premises to the respondent-landlord on or before 31.08.2020 and shall also undertake not to cause any damage to it and shall also maintain the same as it is.

(ii) Petitioner-tenants shall also pay mesne profit @Rs.1815/- per month from 10.01.2019 and will further continue to pay the same on or before of every 15th of every month, or in advance uptil vacant possession is handed over to the respondent-landlord. The arrears of Rent and mesne profits, as determined by learned rent Tribunal and affirmed by appellate Tribunal, if not already paid, shall also be paid by him within a period of three months from today and entire amount, including the amount already deposited on this account, will be disbursed to the respondent-landlord.

(iii) Petitioner-tenants shall further undertake that they will not sub-let, assign or part with the possession of the 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 and if he does so, the same will be treated as void.

(iv) The respondent-landlord will furnish the details of bank account number in which the arrears of rent, mesne profits and regular mesne profits is now to be deposited. Arrears of rent and mesne profits is to be deposited by petitioner-tenants within a period of three months from today.

(v) On petitioner-tenants furnishing the undertaking aforesaid and abiding by the terms and conditions of the order, respondent-landlord shall not execute the impugned decree till 31.08.2020.