M/S SURESH BHUTANI AND CO. v. M/S. RAJASTHAN HIGHWAY SERVICES
CW/12901/2025 · 2025-09-12
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27910 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27910 (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. 12901/2025
1. M/s Suresh Bhutani And Co., Through Its Partner Suresh Bhutani (Died During The Pendency), S/o Late Shri Mo- hanlal Bhutani, Having Its Registered Office At Diggi House, C-Scheme, Jaipur, Rajasthan, Currently Through Its Partner Deepak Bhutani, S/o Late Shri. Suresh Bhutani.
2. Shrimati Shobha Bhutani W/o Late Shri Suresh Bhutani, Aged About 76 Years, R/o Diggi House, Shivaji Marg, C- Scheme, Jaipur.
3. Deepak Bhutani S/o Late Shri Suresh Bhutani, Aged About 52 Years, R/o Diggi House, Shivaji Marg, C- Scheme, Jaipur. ----Petitioners Versus
1. M/s. Rajasthan Highway Services, Through Partner Ram Pratap Singh S/o Late Thakur Shri Narayan Singh Ji, R/o Diggi House, C-Scheme, Jaipur.
2. Late Shri. Suresh Bhutani S/o Late Shri Mohanlal Bhutani, Partner Suresh Bhutani And Co. R/o 668, Adarsh Nagar, Jaipur.
3. Sushil Bhutani S/o Late Shri Mohanlal Bhutani, Partner Suresh Bhutani And Co. R/o 668, Adarsh Nagar, Jaipur.
4. Saroj Bhutani D/o Late Shri Mohanlal Bhutani, Partner Suresh Bhutani And Co. R/o 668, Adarsh Nagar, Jaipur.
5. Neerja D/o Late Shri Suresh Bhutani, R/o Diggi House, Shivaji Marg, C-Scheme, Jaipur.
6. Nisha D/o Late Shri Suresh Bhutani, R/o Diggi House, Shivaji Marg, C-Scheme, Jaipur.
(2 of 4) [CW-12901/2025]
7. Nitu D/o Late Shri Suresh Bhutani, R/o Diggi House, Shiv- aji Marg, C-Scheme, Jaipur.
8. Pooja D/o Late Shri Suresh Bhutani, R/o Diggi House, Shivaji Marg, C-Scheme, Jaipur. ----Respondents For Petitioner(s) : Mr. Deepak Bhutani-present in person For Respondent(s) : Mr. Ragahv Pratap Singh-present in person JUSTICE ANOOP KUMAR DHAND
Order 12/09/2025
1. The instant writ petition has been filed against the impugned
judgment dated 21.12.2024 passed by the Rent Tribunal, Jaipur Metropolitan-II (for short, ‘the Tribunal’) by which the application filed by the respondent No.1 under Section 9 of the Rajasthan Rent Control Act, 2001 (for short ‘the Act of 2001’) has been al- lowed and the petitioner has been directed to vacate the rented premises and pay the monthly rent regularly, on the terms and conditions mentioned in the judgment. 2. Aggrieved by the aforesaid order, the petitioner submitted a statutory appeal before the Appellate Rent Tribunal, however the same was rejected vide judgment dated 01.08.2025 and the judg- ment passed by the Rent Tribunal has been upheld. 3. Petitioner-Deepak Bhutani, has put appearance in person and submits that he does not want to press this petition on its merits. Alternatively, he prays for granting some reasonable time to va- cate the rented premises. (3 of 4) [CW-12901/2025]
4. Respondent-Mr. Raghav Pratap Singh, has put in appearance in person before this Court and submits that the eviction proceed- ings, in pursuance of the application filed by the him remained pending for adjudication before the Rent Tribunal since last more than one year, hence under these circumstances, granting more time to the petitioner would be unjustified for the respondent. He further submits that appropriate suitable time be granted to the petitioner to vacate the premises. 5. In view of the aforesaid submissions made by 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 15.09.2026 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
15.09.2026. 2. The petitioner 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 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- dent 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, Jaipur Metropolitan-II within a period of four weeks from today. In case, the petitioner fails 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 enti-
(4 of 4) [CW-12901/2025] tled to execute the order passed by the Rent Tribunal forthwith and shall obtain the possession of the rented premises in accor- dance with law. 7. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/142