[2025:RJ-JP:5978] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13640/2024 Dilip Kumar S/o Late Shri Bansi Lal Lalwani, Aged About 63 Years, Shopkeeper Aligarh, Lock House, Municipal No. 41, Katla No. 56, Tripolia Bazar, Katla Purohit Ji Manihari, Jaipur. ----Petitioner Versus 1. Smt. Asha Jain W/o Late Shri Roshan Lal Jain, Aged About 75 Years, (Deceased) 2. Shri Anil Kumar Jain S/o Late Shri Roshan Lal Jain, (All Are Resident Of Plot No. 570, Adarsh Nagar, Twenty Shop, Jaipur.) ----Respondents For Petitioner(s) : Mr. Rajeev Surana, Sr. Adv. assisted by Mr. Sankalp Sogani, Ms. Muskan Verma, Mr. Umang Jain For Respondent(s) : Mr. Ashish Sharma Upadhyay HON'BLE MR. JUSTICE SUDESH BANSAL Order 11/02/2025 1. With consent of counsel for both parties, the writ petition has been heard on merits, at this stage. 2. Instant writ petition under Article 227 of the Constitution of India has been filed by the petitioner-tenant (hereafter ‘tenant’), assailing the judgment dated 12.07.2024 passed in Rent Appeal No. 21/2024 by the Appellate Rent Tribunal, Jaipur Metropolitan- II, reversing the final order of Rent Tribunal and allowing the application under Section 9 of the Rajasthan Rent Control Act, 2001, filed by respondent-landlord and passing the decree for eviction in respect of shop in question on the ground of bonafide necessity. The application was dismissed by the Rent Tribunal. [2025:RJ-JP:5978] (2 of 3) [CW-13640/2024] 3. Learned Senior Counsel appearing on behalf of petitioner, after arguing the writ petition on merits for some time and on instructions of petitioner-tenant- Dilip Kumar, who is present in person, submits that in the shop in question, petitioner is running crockery business since the year 1979, hence, he prays that in case sufficient time is granted to vacate and hand over the possession of rented shop to landlord, petitioner-tenant is agreeable not to press the present petition on merits. 4. Learned counsel for respondent-landlord, on instructions of landlord, who is present in person, submits that at present rent is being paid @ Rs.1617/- per month, which is too meager looking to the locality of the shop in question, hence, if petitioner pays rent @ Rs.10,000/- two years time may be granted to petitioner- tenant to vacate the rented shop. 5. In view of above, without interference to the impugned judgment and order, instant writ petition is disposed of on following terms and conditions as agreed between parties:- i) The petitioner-tenant is allowed to continue in possession of rented shop upto 28.02.2027, subject to condition that he shall vacate and hand over possession of rented shop to landlord on or before 28.02.2027. ii) The petitioner-tenant would pay the mesne profit @ Rs.10,000/- per month with effect from March, 2025 onwards, till vacation of the rented premise. The arrears of mesne profit for the previous period, if any due, shall be paid @ Rs.1617/- within a period of four weeks. From March, 2025 onwards, mesne profit shall be paid regularly from month to month basis. The arrears of rent and mesne profit shall be paid in the Bank account of respondent-landlord already available with the petitioner-tenant. iii) The petitioner-tenant shall not alienate or otherwise create third party right or hand over [2025:RJ-JP:5978] (3 of 3) [CW-13640/2024] possession of rented premises in question to any other person. iv) That petitioner-tenant shall furnish an undertaking incorporating aforesaid conditions, before the Rent Tribunal within a period of four weeks, from the date of this order with an advance copy to respondent-landlord. 6. In case, petitioner-tenant fails to submit the undertaking, as aforesaid, and/or commits breach of conditions of this order, respondent-landlord shall be entitled to initiate immediate execution of the judgment dated 12.07.2024 to obtain possession of premises in issue forthwith, in accordance with law, and may also initiate proceedings of contempt for breach of undertaking. 7. Accordingly, instant writ petition stands disposed of. 8. Stay application and any other pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J NITIN /72