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2025 DAILYLAW 23417 (RAJ)

SMT. RADHA W/O LT. SHRI CHUNNILAL v. RAMNARAYAN BHATI S/O M.L. BHATI

CW/10239/2025 · 2025-07-22

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10239/2025 1. Smt. Radha W/o Lt. Shri Chunnilal, Residing At Rajakothi School Road, Gulab Bari, Ajmer 2. Jitendra @ Jittu S/o Lt. Shri Chunnilal, Residing At Rajakothi School Road, Gulab Bari, Ajmer 3. Suraj S/o Lt. Chunnilal, Residing At Rajakothi School Road, Gulab Bari, Ajmer ----Petitioners Versus Ramnarayan Bhati S/o M.L. Bhati, R/o Meeru Bhawan, Ganesh Nagar, Back Side Of Mayo College, Ajmer. ----Respondent For Petitioner(s) : Mr. J.K. Moolchandani with Mr. Rahul Patni For Respondent(s) : Mr. Aayush Agarwal JUSTICE ANOOP KUMAR DHAND Order 22/07/2025 1. The instant writ petition has been filed against the impugned judgment dated 05.10.2023 passed by the Rent Tribunal, Ajmer (for short, ‘the Tribunal’) by which the application filed by the respondent under Section 6 and 9 of the Rajasthan Rent Control Act, 2001 (for short ‘the Act of 2001’) has been partly 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, arrears of rent and in default of above conditions, they would pay three times of the (2 of 3) [CW-10239/2025] 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, 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 his client, 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 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 nine years, hence under these circumstances, granting two years more time to the petitioners 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 01.02.2027 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 01.02.2027. (3 of 3) [CW-10239/2025] 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, Ajmer 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 commit 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 KuD./32