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2025 DAILYLAW 25701 (RAJ)

MUNNA SON OF SHRI HARI SINGH v. RAJIV SINGH SON OF LATE SHRI RISHI SINGH

CW/12694/2023 · 2025-08-07

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12694/2023 Munna Son Of Shri Hari Singh, Aged About 55 Years, Resident Of House Of Ratan Singh Tehsildar, Behind Kusum Hospital, Mohalla Gopalgarh, Bharatpur (Raj.) ----Petitioner/Tenant Versus 1. Rajiv Singh Son Of Late Shri Rishi Singh, Resident Of 1 Cha 15, Jawahar Nagar, Opposite Mama Ki Hotel, Jaipur (Raj.) 2. Sanjeev Singh Son Of Late Shri Rishi Singh, Resident Of 1 Cha 15, Jawahar Nagar, Opposite Mama Ki Hotel, Jaipur (Raj.) 3. Smt. Seema Singh Daughter Of Late Shri Rishi Singh (W/o Mandeep Singh), Resident 152/3, Shipra Path, Mansarovar, Jaipur (Raj.) ----Respondents/ Landlord For Petitioner(s) : Mr. Ajay Gupta Ms. Sampati Sharma For Respondent(s) : Mr. Sandeep Kumar JUSTICE ANOOP KUMAR DHAND Order 07/08/2025 1. The instant writ petition has been filed against the impugned judgment dated 07.11.2019 passed by the Sr. Civil Judge (Rent Tribunal), Bharatpur (for short, ‘the Tribunal’) by which the appli- cation filed by the respondents under Sections 6 and 9 of the Ra- jasthan Rent Control Act, 2001 (for short ‘the Act of 2001’) has been rejected. 2. Aggrieved by the aforesaid order, the respondents submitted a statutory appeal before the Appellate Rent Tribunal, however the (2 of 3) [CW-12694/2023] same was allowed vide judgment dated 03.06.2023 and the peti- tioner has been directed to vacate the rented premises within a period of three months. Additionally, the petitioner has been fur- ther directed to pay monthly rent regularly and in default of pay- ment of monthly rent, he would pay three times of the monthly rent till handing over the possession of the premises to the re- spondents. 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 reason- able 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 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 circum- stances, granting more time to the petitioner would be unjustified for the respondent. 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 petition stands disposed of in the following terms:- 1. The petitioner shall be entitled to continue in pos- session of the suit premises till 15.02.2026 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 15.02.2026. 2.The petitioner shall deposit the arrears of rent, due if any, up to 15.09.2025 and shall continue to deposit the monthly rent @ Rs.1,000/- with the (3 of 3) [CW-12694/2023] Bank account of the respondents by 15th of each successive month. 3.The petitioner shall not alienate or otherwise cre- ate 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 con- secutively for a period of four months, the respon- dents 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, Bharatpur within a period of four weeks from today. In case, the petitioner fails to submit the undertaking as aforesaid within a pe- riod 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 Ashu/32