VIJAY BISHNOI
Anju Devi – Appellant
Versus
Muthaji Ka Mandir Trust – Respondent
JUDGMENT
Vijay Bishnoi, J. - The petitioner-non-applicant has preferred this writ petition being aggrieved by the impugned judgment and decree dated 19.05.2022 passed by the Appellate Rent Tribunal, Jodhpur Metropolitan, Jodhpur in Rent Appeal No. 65/2019, whereby the appeal of the petitioner has been dismissed and the judgment dated 05.08.2019 passed by the Rent Tribunal, Jodhpur Metropolitan has been affirmed. By the judgment dated 05.08.2019, the Rent Tribunal, Jodhpur Metropolitan has allowed the original application filed by the respondent for eviction and recovery of rent against the petitioner on the ground of reasonable and bonafide necessity.
2. Learned counsel for the petitioner upon instructions submits that the petitioner does not want to press this writ petition on merits, however, prays that reasonable time may be granted to her to handover the vacant and peaceful possession of the suit premises.
3. Learned counsel for the respondent agrees that the respondent has no objection if reasonable time is given to the petitioner to handover the vacant and peaceful possession of the suit premises.
4. Learned counsel for the petitioner has submitted that the petitioner is ready to
The court's decision was based on the petitioner's agreement to handover possession and pay mesne profit with specified conditions, as well as the dismissal of the writ petition.
Affirmation of eviction and recovery of rent based on reasonable and bonafide necessity, and imposition of specific compliance conditions on the petitioner.
A tenant's agreement to vacate and pay mesne profits can lead to dismissal of eviction petitions without delving into merits.
The court upheld the conditions for eviction and payment of mesne profits, emphasizing compliance to avoid immediate eviction.
Court emphasizes compliance with rental agreements and potential contempt for non-compliance.
The court upheld previous judgments and mandated the petitioner to vacate the premises and settle arrears, emphasizing compliance with the undertaking.
The court upheld the orders of the Rent Tribunal and Rent Appellate Tribunal, emphasizing compliance with court orders regarding possession and payment of rent.
The judgment reinforces the landlord's right to timely possession and rent recovery while allowing reasonable time for the tenant to vacate.
A tenant must comply with court orders regarding possession and payment of mesne profits, with specified conditions for vacating premises.
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