M/S Eden Automotives PVT LTD vs. Shri Naresh Kumar Gupta

Held

The Court disposed of the writ petition based on the consent of both parties. The petitioner-tenant was granted permission to continue in occupation of the tenanted premises until July 31, 2019, provided they hand over vacant possession by that date. The petitioner-tenant was directed to pay any arrears of rent or mesne profits, as determined by the courts, within two months from the date of the order. From February 1, 2018, the petitioner-tenant was to pay mesne profits equivalent to the agreed rent in the lease deed dated 01.07.2010, plus an additional 10% and GST, by the 15th of each month. The petitioner-tenant was also prohibited from alienating the premises or creating third-party rights. An undertaking incorporating these conditions was to be submitted to the Rent Tribunal Jaipur Metropolitan within thirty days. Failure to comply with these conditions would entitle the respondent-landlord to immediate execution of the judgment and possession certificate, and breach of the order would be punishable as contempt of court.

Facts

This case involves a writ petition filed by M/s. Eden Automotives Pvt. Ltd. (petitioner-tenant) and its directors against M/s. Vatika Arts (respondent-landlord) and its partners. The dispute concerns the tenanted premises. The petitioner-tenant sought an extension to vacate the premises. The respondent-landlord agreed to this proposal under certain conditions. The Appellate Rent Tribunal Jaipur Metropolitan had previously passed a judgment and decree dated 05-09-2017. The writ petition was filed challenging this order, but the parties reached a settlement regarding the vacating of the premises.

Key Issues

1. Whether the petitioner-tenant should be granted an extension to vacate the tenanted premises beyond the date stipulated in the judgment and decree of the Appellate Rent Tribunal Jaipur Metropolitan dated 05-09-2017? The petitioner-tenant argued that they require more time to vacate the premises and make alternative arrangements. They proposed to vacate by July 31, 2019. The respondent-landlord, while agreeing to the proposal, stipulated that the petitioner-tenant should continue in occupation only until July 31, 2019, and no later. They also agreed to the conditions regarding payment of rent and mesne profits, and the prohibition of alienation of the property.