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2025 DAILYLAW 15954 (RAJ)

SMT. PUSHPA GUPTA W/O LATE SHRI ASHOK KUMAR GUPTA v. BALRAM SWAROOP GOYAL S/O LATE SHRI RAMGOPAL GOYAL

CW/6943/2025 · 2025-05-30

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:22780] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.6943/2025 1. Smt. Pushpa Gupta W/o Late Shri Ashok Kumar Gupta, Aged About 52 Years, R/o House No. 63/15, Sector No.6, Pratap Nagar, Housing Board, Sanganer, Jaipur (Rajasthan) 2. Pooja Gupta D/o Late Shri Ashok Kumar Gupta, Aged About 27 Years, R/o House No. 63/15, Sector No.6, Pratap Nagar, Housing Board, Sanganer, Jaipur (Rajasthan) 3. Arpita Gupta D/o Late Shri Ashok Kumar Gupta, Aged About 24 Years, R/o House No. 63/15, Sector No.6, Pratap Nagar, Housing Board, Sanganer, Jaipur (Rajasthan) 4. Lal Chand Gupta S/o Rameshwar Prasad Gupta, Aged About 47 Years, R/o House No. 63/15, Sector No.6, Pratap Nagar, Housing Board, Sanganer, Jaipur (Rajasthan) ----Petitioners Versus 1. Balram Swaroop Goyal S/o Late Shri Ramgopal Goyal, Aged About 70 Years, R/o House No.2170, Nala Neelgaran, Ladliji Ka Khurra, Ramganj Bazar, Jaipur, (Rajasthan) (Died During The Appeal) 1/1. Nikhil Kumar Goyal, Aged About 42 Years, S/o Late Shri Balram Swaroop Goyal 1/2. Lata Goyal D/o Late Shri Balram Swaroop Goyal, Both Are R/o House No.2170, Nala Neelgaran, Ladliji Ka Khurra, Ramganj Bazar, Jaipur, (Rajasthan) Present R/o Plot No.84, Vasundhara Colony, Tonk Road, Jaipur (Rajasthan) ----Respondents For Petitioner(s) : Mr. Vijay Kumar Jangid For Respondent(s) : Mr. Martand Pratap Singh JUSTICE ANOOP KUMAR DHAND Order 30/05/2025 1. The instant writ petition has been filed against the impugned judgment dated 06.04.2023 passed by the Rent Tribunal, Jaipur Metropolitan II (for short, ‘the Tribunal’) by which the application [2025:RJ-JP:22780] (2 of 3) [CW-6943/2025] 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 petitioners have been directed to vacate the rented premises within a period of three months. Additionally, the petitioners have been further directed to pay monthly rent of Rs.4800/- regularly, arrears of rent and in default of payment of monthly rent, he would pay twice the monthly rent till handing over the possession of the premises to the respondent. 2. Aggrieved by the aforesaid order, the petitioners submitted a statutory appeal before the Appellate Rent Tribunal, Jaipur Metropolitan II, however, the same was rejected vide judgment dated 12.03.2025 and the judgment passed by the Rent Tribunal has been upheld. 3. Learned counsel for the petitioners after arguing for some time, on instructions of their clients, has not pressed this petition on its merits. Alternatively, the petitioners pray for granting two years time to vacate the rented premises. 4. Per contra, learned counsel for the respondents opposed the prayer made by the counsel for the petitioners and submitted that the eviction proceedings, in pursuance of the application filed by the respondents remained pending for adjudication before the Rent Tribunal for more than six years, hence under these circumstances, granting two years more time to the petitioners would be unjustified for the respondents. Counsel submits that appropriate suitable time be granted to the petitioners to vacate the premises. [2025:RJ-JP:22780] (3 of 3) [CW-6943/2025] 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 petitioners shall be entitled to continue in possession of the suit premises till 01.05.2027 but not beyond that, subject to condition that they will hand over the vacant and peaceful possession of the rented premises to the respondents on or before 01.05.2027. 2. The petitioners shall deposit the arrears of rent, due if any, within a period of three months and shall continue to deposit twice the amount of monthly rent with the Bank account of the respondents by 15th of each successive month. 3. The petitioners 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 petitioners fail 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 petitioners 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 petitioners fail 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 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/151