MAHESH SINGH KACHAVA S/O YAGHNARAYAN KACHAVA v. M/S ADITYA BUILDERS
CW/1322/2025 · 2025-03-03
Mahendar Kumar Goyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2890 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2890 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:9140] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1322/2025 Mahesh Singh Kachava S/o Yaghnarayan Kachava, R/o Ward No. 10 (Old) Sikar, Shop No 4 Soni Bhawan, Rajshree Cinema Road, Sikar District Sikar ----Petitioner/Non-Applicant-Tenant Versus M/s Aditya Builders, Khandela Road, Palsana, Tehsil Dataram- garh, District Sikar(Rajasthan) Registered Firm Through Partners
1. Manoj Singh S/o Sawarmal Jangid R/o Village Sunderpura Tehsil Dataramgarh, District Sikar (Rajasthan.
2. Lalit Kumar Agarwal S/o Richpal Agarwal R/o Ward No. 17, Palsana, Tehsil Dataramgarh, District Sikar (Rajasthan).
3. Rajesh Kumar Soni S/o Durgadutt Soni R/o Tirupati, Rampura Road, Sikar District Sikar (Rajasthan).
4. Laxman Singh S/o Khem Singh R/o Chota Pana Ki Kothi, Pal- sana, Tehsil Dataramgarh, District Sikar (Rajasthan).
5. Bhawar Singh Khichad S/o Ranveer Singh Khichad R/o Ghod Road, Baipass Choraha, Sikar Tehsil And District Sikar.
6. Omsingh Dujhod S/o Gopal Singh R/o Village Dujhod Tehsil Ghod, District Sikar(Rajasthan). ----Respondents/Applicant-Landlords For Petitioner(s) : Mr. Akash Gupta For Respondent(s) : Mr. Vijay Kumar Jangid HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order 03/03/2025
Learned counsel appearing for the petitioner, on instructions, does not press the writ petition on merits and prays for a reasonable time (upto 31.08.2026) to vacate the premises.
Learned counsel appearing for the respondents has no objec- tion to the prayer made; he, however, submits that the petitioner may be granted time subject to payment of a sum of ₹2,000/- per month by way of mesne profit. This is not objected by the learned counsel for the petitioner. In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioner is granted time upto 31.08.2026 to hand
[2025:RJ-JP:9140] (2 of 2) [CW-1322/2025] over vacant and peaceful possession of the rented premises to the respondents subject to following conditions:-
1. The entire arrears of rent/mesne profit till date, shall be deposited by the petitioner in the bank account of re- spondents within a period of four weeks from the date of the order.
2. The petitioner shall pay a sum of ₹2,000/- per month towards mesne profit to the respondents from 01.04.2025 till vacation of the rented premises i.e. on or before 31.08.2026, which may be deposited by him in the bank account of the respondents by 10th day of each succeeding month.
3. The petitioner further undertakes that he shall not sub-let, assign or part with possession of rented premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period.
4. The petitioner shall furnish a written undertaking in- corporating aforesaid conditions before the learned Rent Tribunal within a period of four weeks from today. It is made clear that in case, petitioner does not comply with any of aforesaid conditions, the learned Rent Tribunal shall ensure his eviction without requiring respondents to file a separate execution petition even before aforesaid date and it will also be open for the re- spondents to initiate contempt proceedings in this Court. Pending application(s), if any, also stands disposed of.
(MAHENDAR KUMAR GOYAL),J Manish/109