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2025 DAILYLAW 28171 (RAJ)

SMT MOHINI DEVI W/O SHRI PRABHU NARAYAN v. SANJAY KUMAR DHANDHIYA S/O LT. SHREE SURESH CHAND

CW/13208/2025 · 2025-09-11

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:36819] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13208/2025 Smt Mohini Devi W/o Shri Prabhu Narayan, R/o Shop 42-43 Fatehpuriya Textiles, Chaura Rasta, Jaipur And B-1, Laxminarayanpuri, Jaipur. ----Petitioner Versus 1. Sanjay Kumar Dhandhiya S/o Lt. Shree Suresh Chand, Aged About 37 Years, R/o Flat No 403,paradise Garden, A-25, Tilak Nagar Jaipur. (Deceased, During Pendency Of Suit) 2. Smt. Sunita Dhandhiya W/o Lt. Shree Sanjay Kumar Dhandhiya, Aged About 55 Years, R/o Flat No 602, Ridhi Raj Apartment, Tilak Nagar, Jaipur. 3. Kumari Chandani Dhandhiya D/o Lt. Shree Sanjay Kumar Dhandhiya, Aged About 40 Years, R/o Flat No 602, Ridhi Raj Apartment, Tilak Nagar, Jaipur. 4. Vishal Dhandhiya S/o Lt. Shree Sanjay Kumar Dhandhiya, Aged About 35 Years, R/o Flat No 602, Ridhi Raj Apartment, Tilak Nagar, Jaipur. ----Respondents For Petitioner(s) : Mr.M.M. Ranjan, Sr.Adv. with Mr.Lokesh Tiwari For Respondent(s) : Mr.N.K. Maloo, Sr.Adv. with Mr.Harsh Pratap Singh Mr.Pratyush Sharma Mr.Ajay Singh Mr.Aditya Goyal JUSTICE ANOOP KUMAR DHAND Order 11/09/2025 1. The instant writ petition has been filed against the impugned judgment dated 29.03.2022 passed by the Rent Tribunal No.1, Jaipur (for short, ‘the Tribunal’) by which the application filed by the respondents under Section 9 of the Rajasthan Rent Control [2025:RJ-JP:36819] (2 of 3) [CW-13208/2025] Act, 2001 (for short ‘the Act of 2001’) has been allowed and the petitioner has been directed to vacate the rented premises within a period of six months. Additionally, it was decreed that if the petitioner-tenants do not vacate the premises within six months from the date of issuance of possession certificate, they would pay three times of the monthly rent till handing over the possession of the premises to the respondent-landlord. 2. Aggrieved by the aforesaid order, the petitioner-tenants submitted a statutory appeal before the Appellate Rent Tribunal, Jaipur Metropolitan-I, however, the same was rejected vide impugned judgment dated 29.04.2025 and the impugned judgment passed by the Rent Tribunal has been upheld. 3. Learned counsel for the petitioner, after arguing the matter for some time, on instructions of his client, has not pressed this writ petition on its merits. Alternatively, the petitioner prays for granting two years time to vacate the rented premises. 4. Per contra, learned counsel for the respondent opposes the prayer made by counsel for the petitioner and submits that the eviction proceedings, in pursuance of the application filed by the respondents, remained pending for adjudication before the Rent Tribunal for more than 17 years, hence under these circumstances, granting two years further time to the petitioner would be unjustified for the respondents. Counsel submits that appropriate suitable time be granted to the petitioners to vacate the premises. 5. In view of the aforesaid submissions made by counsel for the parties, this writ petition stands disposed of in the following terms:- [2025:RJ-JP:36819] (3 of 3) [CW-13208/2025] 1. The petitioner shall be entitled to continue in possession of the rented premises till 31.03.2027, but not beyond that, subject to the condition that he will hand over the vacant and peaceful possession of the rented premises to the respondents on or before 31.03.2027. 2. The petitioner shall deposit the arrears of rent, due, if any, within a period of three months and shall continue to deposit double amount of monthly rent, with the Bank account of the respondent by 15th of each successive month. 3. The petitioner 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 petitioner fails 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, Jaipur within a period of four weeks from today. In case, the petitioners fail to submit an 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 Aayush Sharma /3