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2025 Supreme(RAJ) 500

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Vinit Kumar Mathur, J
JASWINDRA SINGH – Appellant
Versus
LRS. OF KISHAN LAL – Respondent
CW / 21598 / 2024



Advocates:
Mr. Nishank Madhan for Petitioner(s), Mr. Sushil Solanki for Respondent(s)

A party's willingness to comply with court orders regarding possession and rent payment can lead to a structured resolution without contesting merits.

Headnote:(A) Rent Control Act - The present writ petition challenges the judgments of the Rent Tribunal and Rent Appellate Tribunal regarding possession and rent payments. (Paras 2, 6)

(B) Writ Jurisdiction - The petitioner is willing to vacate the premises and pay arrears but does not contest the merits of the case. (Paras 3, 4)

(C) Compliance and Undertaking - The court directs the petitioner to vacate by 31.12.2025 and pay arrears by 30.05.2025, with an undertaking to be filed. (Paras 7, 8)

Facts of the case:
The petitioner seeks to vacate rented premises and pay due rent, agreeing on timelines for compliance.

Findings of Court:
The previous judgments are upheld, with specific directions for possession and payment.

Issues: The main issue is the compliance with the orders regarding possession and rent payment.

Ratio Decidendi: The court emphasizes the need for compliance with judicial orders and the importance of undertaking in rent matters.

Result: Writ petition disposed of.

Order :

1. Heard learned counsel for the parties.

2. The present writ petition has been filed against the judgment dated 03.03.2014 (Annex.4) passed by the Rent Tribunal, Bikaner and the judgment dated 19.11.2024 (Annex.8) passed by the Rent Appellate Tribunal, Bikaner.

3. Learned counsel for the petitioner instead of assailing the validity of the orders and without joining the issues on merit submits that the petitioner is ready and willing to hand over vacant and peaceful possession of the rented premises to the respondents, provided that a reasonable time is granted to do so. Learned counsel further submits that the petitioner is ready to pay the mesne profits along with the entire arrears of rent on or before 30.05.2025 and, thereafter, he will continue to pay the monthly rent. He also submits that the petitioner will furnish an undertaking to this effect before the Rent Tribunal.

4. Learned counsel for the respondents does not object to the submission made by the counsel for the petitioner and submits that the petitioner should file an undertaking before the Rent Tribunal to the effect that he will hand over the peaceful and vacant possession of the shop in question on or before the date so fixed by this Court.

5. I have considered the submissions made at the Bar and have gone through the relevant record of the case.

6. Since the petitioner is not joining the issues on merit, therefore, the judgment dated 03.03.2014 (Annex.4) passed by the Rent Tribunal, Bikaner and the judgment dated 19.11.2024 (Annex.8) passed by the Rent Appellate Tribunal, Bikaner are not interfered with and are upheld.

7. In view of the submission made by the counsel for the petitioner, the petitioner is directed to hand over the vacant and peaceful possession of the rented premises to the respondents on or before 31.12.2025. The petitioner is further directed to pay the mesne profits along with the arrears of rent on or before 30.05.2025 and, thereafter, he will continue to pay the monthly rent as agreed between both the parties. The petitioner shall also file an undertaking to that effect before the Rent Tribunal.

8. It is made clear that in case the order passed by this Court is not complied with by the petitioner, the respondents will be free to take appropriate proceedings including the filing of contempt before this Court for non-compliance of the undertaking given by the petitioner before this Court.

9. The writ petition is disposed of in the above terms. The stay petition and other pending applications, if any, shall also stand disposed of accordingly.

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