NAEEM AHMED SON OF LATE LALLU KHAN @ NASEER AHMED v. BHARAT SHARMA S/O SHRI BABULAL SHARMA
CW/7496/2025 · 2025-05-30
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18454 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18454 (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. 7496/2025
1. Naeem Ahmed Son Of Late Lallu Khan @ Naseer Ahmed, Aged About 43 Years, Resident Of Tailor Master, Through Student Tailors, Below H.n. 1869, Darjiyo Ka Chauraha, Khajane Walo Ka Rasta, Chokdi Topkhana Desh, Jaipur.
2. Mohseen Ahmed Son Of Late Lallu Khan @ Naseer Ahmed, Aged About 42 Years, Resident Of Muskan Textile, Opposite Laxmi Mandir Cinema, Tonk Road, Jaipur (Wrongly Mentioned By Landlord), R/o A-61, Aazad Colony, Near Purani Masjid, Nahri Ka Naka, Jaipur. ----Petitioners Versus
1. Bharat Sharma S/o Shri Babulal Sharma, Resident Of H.n. 1869, Darjiyo Ka Chauraha, Khajane Walo Ka Rasta, Chokdi Topkhana Desh, Jaipur.
2. Shameem Ahmed Son Of Late Lallu Khan @ Naseer Ahmed, Resident Of Classic Textile, B-206, Khajane Walo Ka Rasta, Jaipur.
3. Haseen Ahmed Son Of Late Lallu Khan @ Naseer Ahmed, Resident Of Muskan Textile, Opposite Laxmi Mandir Cinema, Tonk Road, Jaipur, R/o A-61, Aazad Colony, Near Purani Masjid, Nahri Ka Naka, Jaipur. ----Respondents For Petitioner(s) : Mr. Mohd. Adil For Respondent(s) : Mr. Dinesh Kumar Pathak JUSTICE ANOOP KUMAR DHAND
Order 30/05/2025
1. The instant writ petition has been filed against the impugned judgment dated 17.02.2024 passed by the Rent Tribunal, Jaipur Metropolitan-II (for short, ‘the Tribunal’) by which the application filed by the respondent-landlord under
(2 of 3) [CW-7496/2025] Section 9 of the Rajasthan Rent Control Act, 2001 (for short ‘the Act of 2001’) has been rejected.
2. Aggrieved by the aforesaid order, the respondent- landlord submitted a statutory appeal before the Appellate Rent Tribunal, however the same was partly allowed vide
judgment dated 19.03.2025 and the judgment passed by the Rent Tribunal qua present petitioners has been quashed and set aside 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 regularly, arrears of rent and in default of payment of monthly rent, they would pay two times of the monthly rent till handing over the possession of the premises to the respondent.
3.
Learned counsel for the petitioners after arguing for some time, on instructions of his client, has not pressed this petition on its merits. Alternatively, the petitioners pray for granting four years time to vacate the rented premises.
4. Per contra, learned counsel for the respondent-landlord opposed the prayer made by the counsel for the petitioners 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 six years, hence under these circumstances, granting four years more time to the petitioner would be unjustified for the respondent. Counsel submits that appropriate suitable time be granted to the petitioners to vacate the premises.
(3 of 3) [CW-7496/2025]
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 01.06.2027 but not beyond that, subject to condition that they will hand over the vacant and peaceful possession of the rented premises to the respondent on or before 01.06.2027.
2. The petitioners shall deposit the arrears of rent, due if any, within a period of three months and shall deposit two times of monthly rent from today, with the Bank account of the respondent 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 respondent 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 Metrolopitan-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 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 Ashu/424