HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
PANNA LAL SANKHLA – Appellant
Versus
KRISHNA CHAND MODI – Respondent
Order :
1. Heard learned counsel for the parties.
2. The present writ petition has been filed against the order dated 17.12.2021 (Annex.3) passed by the Rent Tribunal, Bikaner and the order dated 12.11.2024 (Annex.5) 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 the vacant and peaceful possession of the rented premises to the respondent, provided 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, if any, on or before 31.05.2025 and, thereafter, he will continue to pay the monthly rent to the respondent as determined by the Rent Tribunal, Bikaner. He also submits that the petitioner will furnish an undertaking to this effect before the Rent Tribunal.
4. Learned counsel for the respondent 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 peace
The court upheld the orders of the Rent Tribunal and Rent Appellate Tribunal, emphasizing compliance with court orders regarding possession and payment of rent.
A party's willingness to comply with court orders regarding possession and rent payment can lead to a structured resolution without contesting merits.
A party's willingness to comply with court orders regarding possession and payment can lead to judicial directions for compliance 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.
Court emphasizes compliance with rental agreements and potential contempt for non-compliance.
A tenant's agreement to vacate and pay mesne profits can lead to dismissal of eviction petitions without delving into merits.
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.
The court upheld the conditions for eviction and payment of mesne profits, emphasizing compliance to avoid immediate eviction.
The court upheld the tenant's right to occupy the premises for a limited period, subject to compliance with specified conditions and obligations.
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