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S.B. CIVIL WRIT PETITION NO.1300/2009.
Mohan Lal
Vs.
Dayal Singh & Ors.
Date of Order :: 21st April 2009.
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr. Deelip Kawadia, for the petitioner.
Mr. Arun Bhansali, for the respondent No.1. .
....
BY THE COURT:
This matter was considered on 16.04.2009 and the
submissions as made by the learned counsel for the parties
were noticed and directions were issued thus,-
“Though the matter is listed for dictation of
order; however, at request, learned counsel for
the parties have been heard further.After attempting to argue for some more
time, learned counsel for the petitioner-tenant
submitted that having regard to the circumstances
of the case, even if the petitioner is not able to
make out a case for interference in the writ
jurisdiction of this Court in the orders as passed
by the Rent Tribunal and the Appellate Rent
Tribunal, the petitioner seeks indulgence of
granting of some more extra time beyond the
statutory period to vacate the suit premises
wherein he had been carrying on business for last
over 30 years. Learned counsel Mr. Arun
Bhansali appearing for the respondent-landlord
submits that the respondent shall not stand
ceremonies and shall not oppose granting of
some reasonable time to the petitioner so as to
enable to make alternative arrangements but
then, would make a prayer for allowing him
2enhanced mesne profits particularly during the
period the petitioner would be retaining the shop,
if indulgence is extended by this Court. Learned
counsel appearing for the petitioner submits that
the petitioner is ready to submit an undertaking to
abide by the final orders to be passed in this
matter. A specific undertaking may be submitted
on behalf of the petitioner on or before
20.04.2009.List this matter for dictation of order on
21.04.2009.”The petitioner has now submitted an undertaking
pursuant to the order dated 16.04.2009 stating thus,-
“1. That the matter was listed before this
Hon’ble Court on 16.04.09 and both the
parties agree to dispose of this writ petition
on the following terms and conditions:-(i) The petitioner undertakes to hand-
over the vacant and peaceful
possession of the shop premises, in
dispute to the respondent no.1, on or
before 30.6.2011. The respondent
no.1 shall not execute the impugned
decree till 30.6.2011.(ii) The petitioner undertakes to pay or
deposit the mesne profit at the rate of
Rs.2200/- per month w.e.f. May, 2009
and will further continue to pay the
mesne profit each month by 15th day
of the next succeeding month or in
advance to the respondent.(iii) The petitioner further undertakes that
he shall not sub-let, assign or part
with the possession of the shop
premises or any part thereof in favour
of any one else and would not create
any third party interest in the same
during the aforesaid period.3
(iv) Learned counsel for respondent-
landlord will give the details of his
bank account number in which the
aforesaid mesne profits, will be
deposited.
It is, therefore, humbly prayed that
application may kindly be allowed in light of
aforesaid undertaking by the petitioner. The
undertaking may kindly be taken on record and
the writ petition may kindly be disposed in view of
the agreement between both the parties.”
Having regard to the facts and circumstances of the
case, it appears appropriate to allow time to the petitioner to
vacate the suit premises by 30th June 2011. Learned counsel
for the respondent has rightly prayed for allowing to the
respondent reasonable amount towards damages for use and
occupation of the suit premises, particularly during the extra
period to vacate as being allowed in this writ petition. It is
stated that last paid rent has been @ Rs.700/- per month.
Having regard to the overall facts and circumstances of the
case, it appears appropriate to allow mesne profits to the
respondent from 1st May 2009 until the petitioner vacates the
suit premises @ Rs.2,200/- per month.
Of course, for no ground to interfere otherwise, this writ
petition is dismissed; however, the petitioner is granted time to
vacate the suit premises by 30th June 2011 on the following
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conditions:-
(i) The petitioner shall personally submit an
undertaking supported by affidavit before the Rent
Tribunal within three weeks from today to the
effect that on or before 30th June 2011, he shall
hand over peaceful and vacant possession of the
suit premises to the plaintiff-respondent. He shall
also undertake not to cause any damage to the
suit 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
suit premises at the rate of Rs. 2,200/- (Two
Thousand Two Hundred) per month with effect
from 1st May 2009 or deposit this amount in the
bank account of the landlord (particulars whereof
are said to have already been 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 applicant-respondent No.1 shall
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be entitled to get the Certificate of Possession executed
forthwith in accordance with law.
No costs.
(DINESH MAHESHWARI), J.
/Mohan/