RAMESH KUMAR SAINI SON OF LAXMI NARAYAN SAINI v. CHAJU RAM SHARMA SON OF SHRI BAL CHAND SHARMA
CW/13943/2021 · 2025-04-09
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29618 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29618 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:15791] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13943/2021 Ramesh Kumar Saini Son of Laxmi Narayan Saini, Aged About 55 Years, Resident of Plot No. 1327, Shyam Mandir, Hida Ki Mori, Jaipur (Rajasthan). ----Petitioner Versus
1. Chaju Ram Sharma Son of Shri Bal Chand Sharma, (Since Deceased) 1/1. Chandra Kanta Wife of Late Shri Chaju Lal Sharma, Resident Of Plot No. 389, Hida Ki Mori, Ramganj Bazar, Jaipur. 1/2. Nisha Daughter Of Shri Cahju Lal Sharma Wife Of Shri Rohit Kumar Sharma, Resident Of Plot No. 305, Kateva Nagar, New Sanganer Road, Jaipur. 1/3. Laxmi Daughter Of Shri Chaju Lal Sharma Wife Of Shri Bhanu Prakash Sharma, Resident Of U-28, Village Jhalana, Malviya Nagar, Jaipur. 1/4. Pooja, Daughter Of Late Shri Chaju Lal Sharma 1/5. Mamta, Daughter Of Late Shri Chaju Lal Sharma 1/6 Rohit Son Of Late Shri Chaju Lal Sharma, Through Mother As Guardian Chandra Kanta Sharma
2. Bhori Devi, W/o Late Shri Bal Chand Sharma
3. Ganpat Ram, S/o Late Shri Bal Chand Sharma
4. Sonu S/o Late Shri Bal Chand Sharma, All Resident of Plot No. 389, Hida Ki Mori, Ramganj Bazar, Jaipur (Rajasthan) ----Respondents For Petitioner(s) : Ms. Meenakshi Pareek For Respondent(s) : Mr. Tanuj Gupta JUSTICE ANOOP KUMAR DHAND
Order 09/04/2025
1. The instant writ petition has been filed against the impugned
judgment dated 19.11.2019 passed by the Rent Tribunal, Jaipur Metropolitan (for short, ‘the Tribunal’) by which the application filed by the respondents under Section 9 of the Rajasthan Rent Control Act, 2001 (for short ‘the Act of 2001’) has been allowed and the petitioner has been directed to vacate the rented premises
[2025:RJ-JP:15791] (2 of 3) [CW-13943/2021] within a period of six months. Additionally, the petitioner has been further directed to pay monthly rent regularly and in default of payment of monthly rent, he would pay three times of the monthly rent till handing over the possession of the premises to the respondent.
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 08.09.2021 and the
judgment passed by the Rent Tribunal has been upheld.
3.
Learned counsel for the petitioner after arguing for some time, on instructions of his client, has not pressed this 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 opposed the prayer made by the counsel for the petitioner and submitted that the eviction proceedings in pursuance of the application filed by the respondent remained pending for adjudication before the Rent Tribunal for more than a decade, hence under these circumstances, granting two years more time to the petitioner would be unjustified for the respondent. Counsel submits that appropriate suitable time be granted to the petitioner to vacate the premises.
5. In view of the aforesaid submissions made by the counsel for the parties, this petition stands disposed of in the following terms:-
1. The petitioner shall be entitled to continue in possession of the suit premises till 01.04.2027 but not beyond that, subject to condition that he will hand over the vacant and peaceful possession of the
[2025:RJ-JP:15791] (3 of 3) [CW-13943/2021] rented premises to the respondent on or before
01.04.2027.
2. The petitioner shall deposit the arrears of rent, due if any, up to 12.06.2025 and shall continue to deposit the monthly rent @ Rs.3000/- 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 petitioner shall submit an undertaking on oath incorporating the aforesaid conditions before the Rent Tribunal, Jaipur Metropolitan 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 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 Ashu/179