Sardar vs Kanti Devi

The instant civil writ petition under Article 227 of the Constitution of India has been filed by the petitioner aggrieved by the judgment dated 25.07.2018 passed by the Appellate Rent Tribunal, Sawai Madhopur (hereinafter referred to as "the Appellate Tribunal") whereby the Appellate Tribunal accepted the appeal filed by the respondent-plaintiff and set aside the judgment dated 19.03.2013 passed by the Rent Tribunal, Sawai Madhopur in Civil Suit No.02/2006.

Learned counsel for the petitioner Shri P.S. Sharma 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 for the respondent Shri S.K. Singhal has no objection if the time, as prayed for, is granted to the petitioner to vacate the tenanted premises.

In view of the aforesaid submissions 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 28.02.2022 but not beyond that, subject to condition that he will hand over the vacant and peaceful possession of the tenanted premises to the respondent on or before 28.02.2022.

The petitioner shall deposit arrears of mesne profit, if any, due towards him up to 31.01.2020 @ Rs.429/- per month within a period of one month from today in the Bank account of the respondent and thereafter, from 01.02.2020, the petitioner shall deposit the mesne profit @ Rs.4000/- in the bank account of the respondent by 15th of each month. The respondent shall furnish her Bank account number to the counsel for the petitioner within a period of fifteen days from today, failing which the amount be deposited in the Rent Tribunal and the respondent 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 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, Sawai Madhopur 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 commit breach of any of the conditions of this order, the respondent 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 to initiate contempt proceedings against the petitioner 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.