1
S.B. CIVIL WRIT PETITION NO. 3166/2010
Ashok Kumar Somani Vs. Smt.Sushila
...
Date of Order :: 16th September 2011
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr.J.R.Patel with Mr.Manish Patel for the petitioner.
Mr.R.K.Thanvi, Sr.Advocate with Mr.Narendra Thanvi for the
respondent
....
BY THE COURT:
While allowing the application (IA No.14355/2011) for
preponing, at the request of learned counsel for the parties,
the matter has been finally heard at this stage itself.
The petitioner-tenant has preferred this writ petition
against the judgment and order dated 25.02.2010 (Annex.8)
as passed in Rent Appeal No.52/2008 whereby the Appellate
Rent Tribunal, Jodhpur dismissed the appeal and affirmed the
judgment and order dated 15.03.2008 as passed in Original
Petition No.452/2004 whereby the Rent Tribunal, Jodhpur
issued the certificate for recovery of possession and ordered
revision of rent while allowing the petition filed by the
respondent-landlord.
After hearing, upon this Court being not persuaded to
consider interference, the learned counsel for the petitioner
submitted in the alternative that the petitioner may be granted
some extra time to vacate the premises in question on
reasonable conditions. The learned senior counsel appearing
for the respondent-landlord submitted that the respondent
shall not stand on ceremonies and shall not oppose granting
2
of some extra time to vacate but shall pray for the conditions
regarding submission of undertaking and payment of
enhanced amount towards mesne profits.
In conformity with the submissions and suggestions
aforesaid, the petitioner has filed an undertaking supported by
the affidavit to the effect, inter alia, that he shall hand over
vacant possession by 31.08.2012 and shall pay enhanced
mesne profits from the month of September 2011 @
Rs.3,300/- per month.
Having given a thoughtful consideration to the
submissions made, while this Court finds no ground to
interfere, however, having regard to the facts and
circumstances of the case, it appears just and proper to allow
time to the petitioner to vacate the premises in question by
31st August 2012 while allowing enhanced mesne profits to
respondent, particularly during the extra period to vacate as
being allowed herein. Having regard to the overall facts and
circumstances of the case, it appears appropriate to allow
mesne profits to the respondent from 1st September 2011 until
the petitioner vacates the premises @ Rs. 3,300/- per month.
Of course, for there being no ground to interfere
otherwise, this writ petition is dismissed; however, the
petitioner is granted time to vacate the premises in question
by 31st August 2012 on the following conditions:-
(i) The petitioner shall personally submit an
undertaking supported by affidavit before the Rent
Tribunal within three weeks from today to the
3effect that on or before 31st August 2012, he shall
hand over peaceful and vacant possession of the
premises in question to the plaintiff-respondent.
He shall also undertake not to cause any damage
to the premises nor to make any alteration and not
to assign, sublet or in any manner part with
possession to any other person and not to put the
premises to any use other than the present use
and not to cause any nuisance.
(ii) The petitioner shall deposit within three weeks the
arrears, if any, of the rent/mesne profits and of the
decreetal amount and shall further pay to the
landlord the amount for use and occupation of the
premises in question at the rate of Rs. 3,300/-
(three thousand three hundred) per month with
effect from 1st September 2011 or deposit this
amount in the bank account of the landlord (if
particulars whereof are furnished to the
petitioner) month by month on or before 15th day
of the next month.
It is made clear that upon the petitioner’s failure to
comply with any of the conditions aforesaid or violating any
terms of the undertaking, the respondent shall be entitled to
move for execution in accordance with law.
No costs.
(DINESH MAHESHWARI), J.
/MK/