[2025:RJ-JP:26512] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.8693/2025 Mahendra Kumar Son Of Late Shri Babulal, Aged About 64 Years, Resident Of B-67, Behind Jain Mandir, Kirti Nagar, Tonk Road, Jaipur, Tenant-Jeweller, Bakhshi Ji Ki Gali, Ramganj Bazar, Jaipur ----Petitioner Versus 1. Dilip Soni Son Of Late Shri Banshilal Soni, (Since Deceased) 1/1. Smt. Anupama Soni Wife Of Late Shri Dilip Soni, Residents Of 271/1, Near Nal Godown, Mahavir Circle Ganj, Ajmer 1/2. Divyansh Soni Son Of Late Shri Dilip Soni, Minor Through Their Natura Guardian Mother Smt. Anupama Soni, Residents Of 271/1, Near Nal Godown, Mahavir Circle Ganj, Ajmer 1/3. Shashwat Soni Son Of Late Shri Dilip Soni, Minor Through Their Natura Guardian Mother Smt. Anupama Soni, Residents Of 271/1, Near Nal Godown, Mahavir Circle Ganj, Ajmer 2. Rajendra Kumar Son Of Shri Babulal, Shopkeeper-Jeweller Choudhariyon Ki Haveli, Sirah Dyodi Bazar, Jaipur And Bakhshi Ji Ki Gali, Mehendi Walo Ka Chowk, Ramganj Bazar, Chowkdi Ghat Darwaza, Jaipur (Since Deceased) 2/1. Tanuja Jain Wife Of Late Shri Rajendra Kumar, Residents Of Plot No. 3 And 4, Jai Jawan Colony, Tonk Road, Jaipur 2/2. Rajat Jain Son Of Late Shri Rajendra Kumar, Residents Of Plot No. 3 And 4, Jai Jawan Colony, Tonk Road, Jaipur 2/3. Swarn Jain Son Of Late Shri Rajendra Kumar, Residents Of Plot No. 3 And 4, Jai Jawan Colony, Tonk Road, Jaipur ----Respondents [2025:RJ-JP:26512] (2 of 4) [CW-8693/2025] For Petitioner(s) : Mr. Abhi Goyal For Respondent(s) : Mr. Akash Gupta JUSTICE ANOOP KUMAR DHAND Order 16/07/2025 1. The instant writ petition has been filed against the impugned judgment dated 13.05.2022 passed by the Rent Tribunal, Jaipur Metropolitan II (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 would pay three times of the monthly rent till handing over the possession of the premises to the respondents. 2. Aggrieved by the aforesaid order, the petitioner submitted a statutory appeal before the Appellate Rent Tribunal, Jaipur Metropolitan II, however, the same was rejected vide judgment dated 22.01.2025 and the judgment passed by the Rent Tribunal has been upheld. 3. Learned counsel for the petitioner after arguing for some time, on instructions of his client, has not pressed this petition on its merits. Alternatively, the petitioner prays for granting one and a half year 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 [2025:RJ-JP:26512] (3 of 4) [CW-8693/2025] the eviction proceedings, in pursuance of the application filed by the respondents remained pending for adjudication before the Rent Tribunal for more than fifteen years, hence under these circumstances, granting one and a half year more time to the petitioner would be unjustified for the respondents. 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 writ petition stands disposed of in the following terms:- 1. The petitioner shall be entitled to continue in possession of the suit premises till 01.12.2026 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 01.12.2026. 2. The petitioner shall deposit the arrears of rent, due if any, within a period of three months and shall continue to deposit monthly rent of Rs.1000/- with the Bank account of the respondents 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 respondents 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, Jaipur Metropolitan II 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 respondents shall be [2025:RJ-JP:26512] (4 of 4) [CW-8693/2025] 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 Karan/166