[2025:RJ-JP:20309] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.5681/2025 Smt. Vidhya Devi W/o Shri Lal Chand, Aged About 64 Years, R/o House No. 42/23/1, Swarn Path, Mansarovar, Jaipur, Raj. ----Petitioner Versus Topandas S/o Late Shr Bhungadamal, Aged About 70 Years, R/o House No. 54/191, Heera Path, Mansarovar, Jaipur. ----Respondent For Petitioner(s) : Mr.Sunil Kumar Jain For Respondent(s) : Mr.Anil Jain JUSTICE ANOOP KUMAR DHAND Order 14/05/2025 1. The instant writ petition has been filed against the impugned judgment dated 21.05.2022 passed by the Rent Tribunal No.2, Jaipur Metropolitan-I (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 petitioner has been directed to vacate the rented premises within a period of three months. Additionally, the petitioner has been further directed to pay monthly rent regularly along-with arrears of rent and in default of payment of monthly rent, he would pay twice the amount of monthly rent till handing over the possession of the rented premises to the respondent. 2. Aggrieved by the aforesaid order, the petitioner submitted a statutory appeal before the Appellate Rent Tribunal, Jaipur Metropolitan-I, however, the same was partly allowed vide [2025:RJ-JP:20309] (2 of 3) [CW-5681/2025] judgment dated 19.02.2025 and the judgment passed by the Rent Tribunal has been upheld. 3. Learned counsel for the petitioner after arguing for some time, on instructions from her client, has not pressed this wirt petition on its merits. Alternatively, the petitioner prays for granting two years time to vacate the rented premises. 4. Per contra, learned counsel for the respondent opposes the prayer made by the counsel for the petitioner and submits that the eviction proceedings in pursuance of the application filed by the respondent remained pending for adjudication before the Rent Tribunal for more than 14 years, hence under these circumstances, granting two years more time to the petitioner would be unjustified on the part of the respondent. 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 possession of the suit premises till 01.06.2026, 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 01.06.2026. 2.The petitioner shall deposit the arrears of rent, due if any, within a period of three months and shall continue to deposit Rs.4,000/- monthly rent from today with the Bank account of the respondent by 15th 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 [2025:RJ-JP:20309] (3 of 3) [CW-5681/2025] 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, Jaipur Metropolitan-I 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 Aayush Sharma /62