Order

12/09/2024

1. The present writ petition has been preferred against the order dated 26.10.2023 passed by the Appellate Rent Tribunal, Jaisalmer in Civil appeal No.01/2018 whereby the appeal as preferred by the petitioner-defendant-landlord against the order dated 24.01.2018 passed by the Rent Tribunal, Jaislamer in Rent Case No.05/2016 has been rejected.

2. Vide order dated 24.01.2018, Rent Tribunal, Jaisalmer proceeded on to allow the application under Sections 11 & 12 of the Rajasthan Rent Control Act, 2001 read with Section 6 of the Specific Relief Act, 1963 as preferred on behalf of the respondent- plaintiff-tenant. Vide the said order, learned Rent Tribunal directed the petitioner-defendant-landlord to handover the possession of the shop in question to the respondent-plaintiff-tenant with immediate effect.

Vide the said order, the petitioner-defendant-landlord was also directed to pay an amount @ Rs.13,250/- per month for the period of July 2016 to January 2018 to the respondent-plaintiff- tenant, as compensation. With the said directions, the certificate for possession was issued by the Rent Tribunal in favour of the respondent-plaintiff-tenant.

3. After arguing for some time, learned counsel for the petitioner sought time to complete his instructions and post lunch, on instructions, sought permission to withdraw the present petition qua the decree of possession with a proposal that the decree for compensation as granted by the Rent Tribunal be set aside, the same having been passed in excess of jurisdiction.

4. Learned counsel appearing for the respondent-plaintiff- tenant does not object to the same and agreed that the respondent-plaintiff-tenant is ready to waive his claim for compensation if the possession of the premise in question is handed over to him within a reasonable period.

5. In view of the submissions made and in view of the consent given by learned counsel for the respondent, the impugned judgment and decree dated 24.01.2018 passed by Rent Tribunal, Jaisalmer and 26.10.2023 passed by Appellate Rent Tribunal, Jaisalmer are hereby quashed and set aside to the extent of costs/ suit expenses and the compensation amount as awarded in favour of the respondent-plaintiff-tenant at the rate of Rs.13,250/- per month. The decree/possession certificate qua possession as granted in favour of the respondent-plaintiff-tenant is hereby, affirmed.

6. As agreed between both the parties, the petitioner- defendant-landlord shall hand over the possession of the shop in question measuring 9x10 sq. ft. to the respondent-plaintiff-tenant within a period of two months from now. The said possession would be handed over free from all encumbrances. The petitioner- defendant-landlord shall not obstruct the peaceful user of the property in question and shall not dispossess the respondent- plaintiff-tenant without adopting due process of law. The respondent-plaintiff-tenant shall however, be under an obligation to continue pay the monthly rent as agreed between the parties.

7. It is made clear that if the peaceful and vacant possession of the shop in question is not handed over to the respondent-plaintiff -tenant within a period of two months from now, besides the expedite execution of the decree/certificate in normal course, the respondent-plaintiff-tenant shall also be entitled to invoke the contempt jurisdiction of this Court.

8. On the above terms, the present writ petition is disposed of.

9. Stay petition and all pending applications, if any, stand disposed of.

(REKHA BORANA),J

810-devanshi/-

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