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2025 DAILYLAW 11401 (RAJ)

SURESH KUMAR KOCHAR SON OF SHRI HARBANS LAL KOCHAR v. BALJEET SINGH SON OF SHRI SARDAR KRIPAL SINGH

CW/3961/2025 · 2025-04-09

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:15895] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3961/2025 Suresh Kumar Kochar Son of Shri Harbans Lal Kochar, aged about 65 Years, Resident of Quarter No. 338, Gurunanakpura, Adarsh Nagar, Jaipur. ----Petitioner Versus Baljeet Singh Son of Shri Sardar Kripal Singh, aged about 89 Years, Resident of House No. 340, Gali No. 4, Raja Park, Jaipur- 302004. ----Respondent For Petitioner(s) : Mr. Shailesh Prakash Sharma For Respondent(s) : Mr. Akhil Simlote JUSTICE ANOOP KUMAR DHAND Order 09/04/2025 1. The instant writ petition has been filed against the impugned judgment dated 18.07.2024 passed by the Rent Tribunal No. 2, Jaipur (for short, ‘the Tribunal’) by which the application filed by the respondent under Section 9 of the Rajasthan Rent Control Act, 2001 (for short ‘the Act of 2001’) has been allowed and the peti- tioner 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 would pay three times of the monthly rent till handing over the possession of the premises to the respondent. 2. Aggrieved by the aforesaid order, the petitioner submitted a statutory appeal before the Appellate Rent Tribunal, however the [2025:RJ-JP:15895] (2 of 3) [CW-3961/2025] same was also rejected vide judgment dated 25.02.2025 and the judgment passed by the Rent Tribunal has been upheld. 3. On 26.03.2025, the learned counsel for the petitioner after arguing the matter for some time sought instructions to vacate the premises, if some time is granted to do the same till 31.12.2025. On instructions of his client, counsel has not pressed this petition on its merits. Alternatively, the petitioner prays for granting time to vacate the rented premises. 4. Per contra, learned counsel for the respondent opposed the prayer made by the counsel for the petitioner and on instructions submitted that the eviction proceedings in pursuance of the appli- cation filed by the respondent remained pending for adjudication before the Rent Tribunal, hence under these circumstances, grant- ing more time to the petitioner would be unjustified for the re- spondent. Counsel submits that appropriate suitable time be granted to the petitioner to vacate the premises. 5. In view of the aforesaid submissions made by the counsel for the parties, this petition stands disposed of in the following terms:- 1.The petitioner shall be entitled to continue in pos- session of the suit premises till December, 2025 but not beyond that, subject to condition that he will hand over the vacant and peaceful possession of the rented premises to the respondent on or before 31.12.2025. 2.The petitioner shall deposit the arrears of rent, due if any, up to 12.06.2025 and shall continue to deposit the monthly rent with the Bank account of the respondent by 15th of each successive month. 3.The petitioner shall not alienate or otherwise cre- ate 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 con- secutively for a period of four months, the respon- [2025:RJ-JP:15895] (3 of 3) [CW-3961/2025] dent 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 No. 2, Jaipur within a period of four weeks from today. In case, the le- gal representative of 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 respon- dent shall be entitled to execute the order passed by the Rent Tri- bunal 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 Ashu/43