TARA CHAND S/O LATE SHRI RAMSWAROOP v. BALKISHAN AGARWAL S/O LATE SHRI RAMESHWARDAS JI AGARWAL
CW/16943/2023 · 2025-02-24
Mahendar Kumar Goyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31635 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31635 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:8329] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16943/2023 Tara Chand S/o Late Shri Ramswaroop, Aged About 65 Years, R/o Subhash Bazaar, Tonk, District Tonk (Rajasthan) (Deceased) Through Their Legal Representatives- 1/1. Rinku Soni S/o Late Shri Tarachand, Aged About 42 Years, R/o Subhash Bazaar, Tonk, District Tonk (Rajasthan). 1/2. Sonu Kumar Soni S/o Late Shri Tarachand, Aged About 36 Years, R/o Subhash Bazaar, Tonk, District Tonk (Rajasthan). 1/3. Smt. Ganga W/o Late Shri Tarachand, Aged About 75 Years, R/o Subhash Bazaar, Tonk, District Tonk (Rajasthan). ----Petitioners/Non-Applicants Versus Balkishan Agarwal S/o Late Shri Rameshwardas Ji Agarwal, Aged About 78 Years, R/o Subhash Bazaar, Tonk, District Tonk (Rajasthan) ----Respondent For Petitioner(s) : Mr. Pradeep Kumar For Respondent(s) : Mr. J.P. Goyal, Sr. Adv. with Ms. Sakshi Tiwari HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order 24/02/2025
Learned counsel appearing for the petitioners, on instructions, does not press the writ petition on merits and prays for a reasonable time (upto 31.08.2027) to vacate the premises. Learned Senior Counsel appearing for the respondent has no objection to the prayer made; he, however, submits that the petitioners 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 petitioners. In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioners are granted time upto 31.08.2027 to
[2025:RJ-JP:8329] (2 of 2) [CW-16943/2023] 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 ₹2,000/- per month towards mesne profit to the respondent from 01.03.2025 till vacation of the rented premises i.e. on or before 31.08.2027 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, the petitioners do not comply with any of aforesaid conditions, the learned Rent Tribunal shall ensure their eviction without requiring the respondent to file a separate execution petition even before aforesaid date and it will also be open for the respondent to initiate contempt proceeding in this Court. The stay application also stands disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J PRAGATI/31