Bhagat Ram Vs. Appl. Rent Tribunal, Bikaner and anr - Court Judgment

S.B.CIVIL WRIT PETITION No.6674/2013 Bhagat Ram versus Appellate Rent Tribunal, Bikaner & Anr.

1 S.B.CIVIL WRIT PETITION No.6674/2013 Bhagat Ram versus Appellate Rent Tribunal, Bikaner & Anr.

Date of Order : 25.10.2013 HON'BLE Mr.JUSTICE VIJAY BISHNOI Mr Manoj Bhandari, for petitioner Mr Sajjan Singh, for respondents The present writ petition of the petitioner-tenant is directed against the order dated 16.04.2013 passed by the learned Appellate Rent Tribunal, Bikaner in Rent Appeal No.106/2008 – Satya Narayan versus Bhagat Ram whereby the learned Appellate Rent Tribunal allowed the appeal and set aside the order dated 27.02.2008 passed by the learned Rent Tribunal, Bikaner in Rent Case No.186/2004 – Satya Narayana versus Bhagat Ram whereby the learned Rent Tribunal dismissed the application of the respondent-landlord for eviction of tenant in the shop in question.

After hearing learned counsel for the parties, this Court is of the opinion that the petitioner has failed to make out any case for interference in the order passed by the learned Appellate Rent Tribunal.

However, at this juncture, the learned counsel for the petitioner prays that a reasonable time for eviction and handing over vacant and peaceful possession of the suit premises may be given and reasonable mesne profit S.B.CIVIL WRIT PETITION No.6674/2013 Bhagat Ram versus Appellate Rent Tribunal, Bikaner & Anr.

2 may be fixed for that period of use and occupation by the petitioner–tenant.

The learned counsel for the respondent – landlord does not seriously dispute the said prayer.

In view of the above, this writ petition is dismissed with a direction to the petitioner to hand over the peaceful and vacant possession of the suit premises to the respondent- landlord on or before 31.10.2014 on the conditions given below, as agreed by both the learned counsel for the parties:- (i) The petitioner-tenant undertakes to hand-over the vacant and peaceful possession of the suit premises, in dispute to the respondent – landlord on or before 31.10.2014.

The respondent shall not execute the impugned decree till 31.10.2014.

(ii) The petitioner-tenant undertakes to pay or deposit the mesne profit at the rate of Rs.500/- per month w.e.f.November, 2013 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.

The arrears of mesne profit as determined by the Tribunals below, if not already paid, shall also be paid by the tenant-petitioner and entire amount including the amount already deposited on this account will be disbursed to the respondent-landlord.

S.B.CIVIL WRIT PETITION No.6674/2013 Bhagat Ram versus Appellate Rent Tribunal, Bikaner & Anr.

3 (iii) The petitioner further undertakes that he shall not sub-let, assign or part with the possession of the suit 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 and if he does so, the same will be treated as void.

(iv) The petitioner shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court by 20.11.2013 and one copy thereof along with affidavit in this Court.

(v) Learned counsel for respondent-landlord will give the details of his bank account number in which the arrears of rent or mesne profit and regular mesne profit now be paid, will be deposited, within the period of four weeks from today.

It is made clear that in case, the petitioner-tenant does not comply with any of the aforesaid conditions, then it will be open for the respondent-landlord to get the decree passed in his favour executed even before the aforesaid date i.e.31.10.2014 and the respondent-landlord may also initiate contempt proceedings in this Court.

There shall be no order as to cosgts.

[ VIJAY BISHNOI ]., J.

m.asif/-