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2025 DAILYLAW 29476 (RAJ)

SMT. SUSHMA DEVI GUPTA, WIFE OF SHRI SURAJBHAN GUPTA v. PUKHRAJ NAHAR SON OF SHRI AMARCHAND NAHAR

CW/15162/2024 · 2025-03-20

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:12715] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15162/2024 1. Smt. Sushma Devi Gupta, Wife Of Shri Surajbhan Gupta, (At Present Deceased) 2. Ravindra Gupta Son Of Shri Hotilal Gupta, For Amba Collection Property Amc No. 251/17, Near Jatiyavas, Nala Bazaar, Ajmer ----Petitioners/Tenant/Non-Applicants Versus 1. Pukhraj Nahar Son Of Shri Amarchand Nahar, (Since De- ceased) Through His 1/1. Chainraj Nahar Son Of Late Shri Pukhraj Nahar 1/2 Hemraj Nahar Son Of Late Pukhraj Nahar 1/3. Smt. Trishla Daughter Of Late Pukhraj Nahar, All Residents Of 110/38, Purani Mandi, Ajmer 2. Suresh Chand Nahar Son Of Late Hansraj Nahar, Resident Of Niti Marg, Ajmer 3. Premchand Nahar Son Of Amarchand Nahar, Resident Of Jatiyavas, Inside Madar Gate, Ajmer ----Respondents/Landlords/Applicants For Petitioner(s) : Mr. J.P. Goyal, Sr. Adv. With Ms. Meenal Bhargava For Respondent(s) : Mr. Veyankatesh Garg HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 20/03/2025 Learned counsel for the petitioners, on instructions, does not press the writ petition on merits and prays for a reasonable time (upto 30.09.2026) to vacate the premises. Learned counsel appearing for the respondents has no objection to the prayer made; he, however, submits that the peti- tioners may be granted time subject to payment of a sum of ₹1,000/- per month by way of mesne profit. This is not objected by the learned counsel for the petitioners. [2025:RJ-JP:12715] (2 of 2) [CW-15162/2024] In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioners are granted time upto 30.09.2026 to handover 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 petitioners in the bank account of respondents within a period of four weeks from the date of the order. 2. The petitioners shall pay a sum of ₹1,000/- per month towards mesne profit to the respondents from 01.04.2025 till vacation of the rented premises i.e. on or before 30.09.2026 which may be deposited by them in the bank account of the respondents by 10th day of each succeeding month. 3. The petitioners further undertake that they 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 petitioners shall furnish a written undertaking incorporating aforesaid conditions before the learned Rent Tribunal within a period of four weeks from today. It is made clear that in case, the petitioners do not comply with any of aforesaid conditions, the learned Rent Tribunal shall ensure their eviction without requiring the respondents to file a separate execution petition even before aforesaid date and it will also be open for the respondents to initiate contempt proceeding in this Court. The stay application also stands disposed of accordingly. (MAHENDAR KUMAR GOYAL),J DIKSHA /169