PANNA LAL SANKHLA vs KRISHNA CHAND MODI

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2025 Supreme(RAJ) 548

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
PANNA LAL SANKHLA – Appellant
Versus
KRISHNA CHAND MODI – Respondent
CW / 20264 / 2024

Important Points

The court upheld the orders of the Rent Tribunal and Rent Appellate Tribunal, emphasizing compliance with court orders regarding possession and payment of rent.

Subject

Civil Law - Rent Control

Headnote

(A) Rent Control Act - Orders of Rent Tribunal and Rent Appellate Tribunal upheld - Petitioner agrees to vacate premises and pay arrears of rent - Petitioner to file undertaking before Rent Tribunal. (Paras 3, 6, 7)

(B) Compliance - Court emphasizes compliance with orders and consequences of non-compliance. (Paras 8, 9)

Facts of the case:
The petitioner is willing to vacate the rented premises and pay mesne profits and arrears of rent by 31.05.2025, with a commitment to continue paying monthly rent thereafter.

Findings of Court:
The orders of the Rent Tribunal and Rent Appellate Tribunal are upheld, and the petitioner is directed to vacate by 31.05.2026.

Issues: The main issue was whether the petitioner would comply with the orders regarding possession and payment of rent.

Ratio Decidendi: The court ruled that since the petitioner did not contest the merits of the case, the previous orders remain in effect, emphasizing the importance of compliance with court orders.

Result: Writ petition disposed of.

Advocates:
Mr. Sushil Bishnoi, Mr. Virendra Acharya

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 peaceful and vacant possession of the rented premises 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 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 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 respondent on or before 31.05.2026. The petitioner is further directed to pay the mesne profits along with the arrears of rent, if any, on or before 31.05.2025 and, thereafter, he will continue to pay the monthly rent as determined by the Rent Tribunal, Bikaner. 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 respondent 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.