Jaipur Builders LLP vs. Mojika Real Estate And Developers LTD

Held

The Court disposed of the writ petition based on the consent of both parties. The tenant undertook to pay Rs. 2.00 lakh per month, commencing November 2017, by the 7th of the following month. This sum was to encompass rent, GST, and maintenance charges, with the understanding that it would be subject to final adjustment by the Rent Tribunal in the pending eviction petition. The Court further directed that if the tenant breached this undertaking, proceedings against them would be taken ex-parte by the Rent Tribunal. Additionally, the Rent Tribunal was directed to dispose of the underlying eviction petition within 12 months from the presentation of the certified copy of the order. Adjournments in the eviction petition were to be granted only for just cause, with reasoned orders, and for the shortest possible duration. The Rent Tribunal was also given the discretion to decide miscellaneous applications along with the final judgment.

Facts

This matter concerns a writ petition filed by Jaipur Builders LLP (landlord) against Mojika Real Estate and Developers Pvt. Ltd. (tenant). The landlord had filed an eviction petition against the tenant. The parties appeared before the High Court and, with their consent, the petition was disposed of based on an undertaking given by the tenant. The tenant undertook to pay Rs. 2.00 lakh per month from November 2017, on or before the 7th of the following month. This amount was to cover rent, GST, and maintenance charges, subject to final adjustment by the Rent Tribunal in the pending eviction petition. The court also stipulated consequences for breaching this undertaking and directed the Rent Tribunal to expedite the eviction petition.

Key Issues

1. Whether the tenant's undertaking to pay a consolidated sum of Rs. 2.00 lakh per month, covering rent, GST, and maintenance, is legally binding and enforceable, subject to final adjustment by the Rent Tribunal? Petitioner's Argument (Landlord): The petitioner sought an order for the tenant to pay the outstanding rent and other charges. The court's intervention was sought to ensure payment and expedite the eviction process. Respondent's Argument (Tenant): The respondent agreed to provide an undertaking to pay a monthly sum, which was accepted by the court. The terms of this undertaking were to be subject to the final decision of the Rent Tribunal.