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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE SUDESH BANSAL, J
DILIP KUMAR S/O LATE SHRI BANSI LAL LALWANI – Appellant
Versus
SMT. ASHA JAIN W/O LATE SHRI ROSHAN LAL JAIN – Respondent
Order :
1. With consent of counsel for both parties, the writ petition has been heard on merits, at this stage.
2. Instant writ petition under Article 227 of the Constitution of India has been filed by the petitioner-tenant (hereafter ‘tenant’), assailing the judgment dated 12.07.2024 passed in Rent Appeal No. 21/2024 by the Appellate Rent Tribunal, Jaipur Metropolitan- II, reversing the final order of Rent Tribunal and allowing the application under Section 9 of the Rajasthan Rent Control Act , 2001, filed by respondent-landlord and passing the decree for eviction in respect of shop in question on the ground of bonafide necessity. The application was dismissed by the Rent Tribunal.
3. Learned Senior Counsel appearing on behalf of petitioner, after arguing the writ petition on merits for some time and on instructions of petitioner-tenant- Dilip Kumar, who is present in person, submits that in the shop in question, petitioner is running crockery business since the year 1979, hence, he prays that in case sufficient time is granted to vacate and hand over the possession of rented shop to landlord, petitioner-tenant is agreeable not to press the present petition on merits.
4. Learned coun
The court upheld the tenant's right to continue possession until a specified date, contingent upon increased rent and compliance with conditions, reinforcing landlord's rights under eviction laws.
The court upheld the tenant's right to occupy the premises for a limited period, subject to compliance with specified conditions and obligations.
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.
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.
The court granted the tenant additional time to vacate the premises while imposing conditions for payment of mesne profits and prohibiting subletting.
The main legal point established is the application of principles from Atma Ram Properties (P) Ltd. Vs. Federal Motors (P) Ltd. (2005) 1 SCC 705 and the Rajasthan Rent Control Act, 2001, to determine....
The court reaffirmed that tenants must pay mesne profits equivalent to market rent post-eviction, regardless of ongoing appeals.
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