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2025 DAILYLAW 30953 (RAJ)

RAJU @ RAJKAMAL S/O LATE SHRI MADALAL v. PRAKASH SEVA SADAN TRUST

CW/15535/2024 · 2025-02-05

Mahendar Kumar Goyal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:5104] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15535/2024 1. Raju @ Rajkamal S/o Late Shri Madalal, Aged About 52 Years, Owner Of Bombay Motor Garage, New Mandi, Station Road, Bharatpur (Raj.) 2. Annu @ Anil Kumar S/o Late Shri Madalal, Aged About 58 Years, Owner Of Bombay Motor Garage, New Mandi, Station Road, Bharatpur (Raj.) 3. Vijay Kumar S/o Late Shri Madalal, Aged About 60 Years, Owner Of Bombay Motor Garage, New Mandi, Station Road, Bharatpur (Raj.) ----Petitioners-Appellants/Tenants/Non-Applicants Versus Prakash Seva Sadan Trust, Station Road, Bharatpur Through Its President Rajendra Agarwal S/o Shri Jagan Prasad Agarwal, R/o A/3, Surbhi, Modal Town, B.R. Road, Mulund (Mumbai). ----Respondent/Landlord/Applicant For Petitioner(s) : Mr. Shailesh Prakash Sharma For Respondent(s) : Mr. Dharmendra Jain Mr. Intrajeet Singh HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 05/02/2025 Learned counsel appearing for the petitioners, on instructions, does not press the writ petition on merits and prays for a reasonable time (upto 31.07.2026) to vacate the premises. Learned counsels appearing for the respondent have no objection to the prayer made; they, however, submit that the petitioners may be granted time subject to payment of a sum of ₹2,500/- per month by way of mesne profit. This is not objected by the learned counsel for the petitioners. In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioners are granted time upto 31.07.2026 to [2025:RJ-JP:5104] (2 of 2) [CW-15535/2024] hand over vacant and peaceful possession of the rented premises to the respondent 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 respondent within a period of four weeks from the date of the order. 2. The petitioners shall pay a sum of ₹2,500/- per month towards mesne profit to the respondent from 01.03.2025 till vacation of the rented premises i.e. on or before 31.07.2026, which may be deposited by them in the bank account of the respondent 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, petitioners do not comply with any of aforesaid conditions, the learned Rent Tribunal shall ensure their eviction without requiring respondent to file a separate execution petition even before aforesaid date and it will also be open for respondent to initiate contempt proceeding in this Court. The stay application also stands disposed of. (MAHENDAR KUMAR GOYAL),J GAURAV/164