CHANDRAMALA, WIFE OF BHANUPRAKASH JAIN v. JAGVEER SINGH CHADDHA SON OF LATE SUVEG SINGH CHADDHA
CW/3959/2025 · 2025-05-07
Anoop Kumar Dhand
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 10326 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10326 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3959/2025 Chandramala, Wife Of Bhanuprakash Jain, Partner M/s Parampara R/o Resident Of Parampara Car Zone, Behind L.I.C. Building, Chawani Chauraha, Kota (Raj.) ----Petitioner Versus
1. Jagveer Singh Chaddha Son Of Late Suveg Singh Chaddha, Aged About 48 Years, Resident Of House No. 439, New Rajiv Gandhi Nagar, Kota (Raj.)
2. Jogendra Kaur, Aged About 73 Years, Son Of Late Suveg Singh Chaddha
3. Jasmeet Singh Chaddha Son Of Late Suveg Singh Chadha, Aged About 53 Years, (Deceased)
4. Jitendra Singh Chaddha, Aged About 50 Years, Son Of Late Suveg Singh Chaddha
5. Indrameet Kaur, Son Of Late Suveg Singh Chaddha, Aged About 51 Years, Resident Of House No. 439, New Rajiv Gandhi Nagar, Kota (Raj.) Through Power Of Attorney - Jagveer Singh Chaddha, Son Of Late Suveg Singh Chaddha
6. Rahul Jain, Son Of Bhanuprakash Jain, Partner M/s Parampara R/o Resident Of Parampara Car Zone, Behind L.I.C. Building, Chawani Chauraha, Kota (Raj.)
7. Firm M/s Parampara, Through Rahul Jain, Resident Of Parampara Car Zone, Behind L.i.c. Building, Chawani, Chauraha, Kota (Raj.) ----Respondents For Petitioner(s) : Mr. Ravi Kumar Kasliwal For Respondent(s) : Mr. Kapil Gupta JUSTICE ANOOP KUMAR DHAND
Order 07/05/2025
1. The instant writ petition has been filed against the impugned
judgment dated 01.03.2024 passed by the Rent Tribunal, Kota
(2 of 3) [CW-3959/2025] (for short, ‘the Tribunal’) by which the application filed by the respondents under Section 9 of the Rajasthan Rent Control Act, 2001 (for short ‘the Act of 2001’) has been allowed and the petitioner has been directed to vacate the rented premises within a period of six months. Additionally, the petitioner has been further directed to pay monthly rent regularly and in default of payment of monthly rent, he was held liable to pay three times of monthly rent till handing over the actual possession of the premises to the respondent.
2. Aggrieved by the aforesaid order, the petitioner submitted a statutory appeal before the Appellate Rent Tribunal, Kota, however the same was disposed of vide order dated 22.12.2024 passed by the Rent Tribunal on the basis of compromise entered into by the parties.
3.
Learned counsel for the petitioner after arguing the matter for some time, on instructions of her client, does not want to press this petition on its merits. Alternatively, the petitioner prays for granting six months time to vacate the rented premises. 4. Per contra, learned counsel for the respondents opposed the prayer made by the counsel for the petitioner and submitted that the eviction proceedings in pursuance of the application filed by the respondent remained pending for adjudication before the Rent Tribunal for more than five years, hence under these circumstances, granting six months more time to the petitioner would be unjustified for the respondent. Counsel submits that appropriate suitable time be granted to the petitioner to vacate the premises. (3 of 3) [CW-3959/2025]
5. In view of the aforesaid submissions made by the counsel for the parties, this writ petition stands disposed of in the following terms:-
1. The petitioner shall be entitled to continue in possession of the suit premises till 01.09.2025 but not beyond that, subject to condition that he will hand over the vacant and peaceful possession of the rented premises to the respondents on or before
01.09.2025. 2. The petitioner shall deposit the arrears of rent, due, if any, within a period of one month from today and shall continue to deposit monthly rent in the Bank account of the respondent by 15th day of each successive month. 3. The petitioner shall not alienate or otherwise create third party right or hand over the possession of the rented premises in question to anyone. 4. In case the petitioner fails to deposit the rent consecutively for a period of four months, the respondent shall be at liberty to execute the order passed by the Rent Tribunal without further reference to the Court. 6. Further the petitioner shall submit an undertaking on oath incorporating the aforesaid conditions before the Rent Tribunal, Kota within a period of four weeks from today. In case, the petitioner fails to submit the undertaking as aforesaid within a period of four weeks from today and / or commits breach of any of the conditions of this order, the respondent shall be entitled to execute the order passed by the Rent Tribunal forthwith and shall obtain the possession of the rented premises in accordance with law. 7. The stay application and all pending applications, if any, also stand disposed of.
(ANOOP KUMAR DHAND),J KuD/86