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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 15777/2023

M/s Jaipur Glass And Potteries A Unit Of Vijay Solvex Limited,

Having Its Registered Office At Bhagwati Sadan, Sd Marg, Alwar

And Having Administrative Office At Tonk Road, Jaipur

(Rajasthan) Through Its Director Shri Daya Kishan Data

----Petitioner

Versus

1.

Smt. Pramila Laad W/o (Late) Shri V.k. Laad, R/o C-117

A, Mangal Marg, Bapu Nagar, Jaipur

2.

Smt. Rajendra Laad S/o Shri Darshal Laad, Represent

Through Power Of Attorney Holder Smt. Pramila Laad W/o

(Late) Shri V.k. Laad R/o C-117 A, Mangal Marg, Bapu

Nagar, Jaipur

3.

Smt. Madhuri Laad W/o Shri Rajendra Laad, Represent

Through Power Of Attorney Holder Smt. Pramila Laad W/o

(Late) Shri V.k. Laad R/o C-117 A, Mangal Marg, Bapu

Nagar, Jaipur

4.

Shri Himanshu Kakkad S/o Shri Anup Chand Kakkad,

Represent Through Power Of Attorney Holder Smt.

Pramila Laad W/o (Late) Shri V.k. Laad R/o C-117 A,

Mangal Marg, Bapu Nagar, Jaipur

5.

Smt. Mrudula Kakkad W/o Shri Himanshu Kakkad,

Represent Through Power Of Attorney Holder Smt.

Pramila Laad W/o (Late) Shri V.k. Laad R/o C-117 A,

Mangal Marg, Bapu Nagar, Jaipur

----Respondents

For Petitioner(s)

:

Ms. Sukriti Kasliwal

For Respondent(s)

:

Mr. Bipin Gupta

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

20/10/2023

1.

Instant writ petition has been filed by the petitioner-tenant

against the judgment dated 03.06.2023 passed by the Rent

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(2 of 3)

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Appellate Tribunal, Jaipur Raj. in Appeal No.63/2022, whereby the

appeal filed by the petitioner-tenant against the judgment &

decree of eviction dated 01.08.2022 passed by the Rent Tribunal,

Jaipur in Original Application No.540/2015 was dismissed and the

petitioner-tenant was directed to vacate the disputed shop.

2.

After arguing at some length, learned counsel for the

petitioner-tenant, on instructions from her client, submits that the

petitioner-tenant shall vacate the disputed premises by

20.10.2024.

3.

Learned counsel for the respondent-landlord on instructions

from his client agreed to the proposal of the learned counsel for

the petitioner-tenant.

4.

In view of the consent of learned counsel for the parties, the

writ petition is disposed of with the following directions:-

(i) The petitioner-tenant shall be entitled to continue in occupation

of the disputed premises till 20.10.2024 with a condition that the

petitioner would hand over the vacant possession of the disputed

premises to the respondent-landlord on or before 20.10.2024.

(ii) The petitioner-tenant shall pay arrears of rent, if any, up to

01.11.2023 within a period of two months from today.

(iii) The petitioner-tenant shall pay rent to the respondent-

landlord, as per order of the Rent Tribunal on or before 10th of

each month.

(iv) The petitioner-tenant shall not alienate or otherwise create

third party right, or hand over possession of the disputed premises

to any other person.

(v) Further, the petitioner-tenant shall submit an undertaking

incorporating the aforesaid conditions before the Rent Tribunal,

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(3 of 3)

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Jaipur within a period of thirty days, from the date of this order. In

case petitioner-tenant fails to submit the undertaking as directed

by this court within a period of thirty days from today, or breaches

the conditions of this order, the respondent-landlord shall be

entitled to the immediate execution of the judgment and

possession certificate dated 01.08.2022 and obtain possession of

the disputed premises forthwith in accordance with law.

(GANESH RAM MEENA),J

ARTI SHARMA /346