M/S RIDHI SIDHI MEDICAL AGENCY v. ANIL KUMAR JAIN SON OF SHRI P.C. JAIN
CW/7495/2025 · 2025-08-05
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18876 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18876 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:29998] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7495/2025
1. M/s Ridhi Sidhi Medical Agency, Shop No. F-6, First Floor, Mayur Tower, Nehru Bazar, Jaipur (Raj) Through Partner Shri Prashant Khandelwal And Shri Vikas Khandelwal
2. Shri Prashant Khandelwal Son Of Shri D.P. Khandelwal, Partner Firm M/s Ridhi Sidhi Medical Agency, Shop No. F- 6, First Floor, Mayur Tower, Nehru Bazar, Jaipur (Raj).
3. Shri Vikas Khandelwal Son Of Shri Murari Lal Khandelwal, Partner Firm M/s Ridhi Sidhi Medical Agency, Shop No. F- 6, First Floor, Mayur Tower, Nehru Bazar, Jaipur (Raj). ----Petitioners Versus Anil Kumar Jain Son Of Shri P.c. Jain, Resident Of Plot No. 579, Acharya Kriplani Marg, Adarsh Nagar, Jaipur. ----Respondent For Petitioner(s) : Mr. O.P.Mishra with Ms. Meeta Pareek For Respondent(s) : Mr. Uday Sharma JUSTICE ANOOP KUMAR DHAND
Order 05/08/2025
1. The instant writ petition has been filed against the impugned
judgment dated 21.05.2022 passed by the Rent Tribunal No.1, 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 petitioners have been directed to vacate the rented premises within a period of six months. Additionally, the petitioners have been further directed to pay monthly rent regularly and in default of payment of monthly rent, he would pay three times of the
[2025:RJ-JP:29998] (2 of 3) [CW-7495/2025] 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-I, however the same was rejected vide judgment dated 21.04.2025 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 client, has not pressed this petition on its merits. Alternatively, the petitioners prays for granting one and half years time to vacate the rented premises.
4. Per contra, learned counsel for the respondent 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 a decade, hence under these circumstances, granting one and half 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.
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 15.02.2027 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
15.02.2027.
2. The petitioners shall deposit the arrears of rent, due if any, up to 06.11.2025 and shall continue to
[2025:RJ-JP:29998] (3 of 3) [CW-7495/2025] deposit the monthly rent @ Rs.11,000/- 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 No. 1, Jaipur 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/42