TRIPAL SINGH S/O LATE SHRI MOTI SINGH v. ASHOK KUMAR PANDEY S/O LATE SITARAM SHARMA
CW/16828/2022 · 2025-08-26
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32127 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32127 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:33911] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.16828/2022 Tripal Singh S/o Late Shri Moti Singh, Aged About 64 Years, R/o Nana Ji Ki Haveli, Chaura Rasta, Jaipur (Raj.). ----Petitioner Versus
1. Ashok Kumar Pandey S/o Late Sitaram Sharma, Aged About 77 Years, R/o Sb-164, Bapu Nagar, Jaipur (Raj.).
2. Ashvini Pandey S/o Late Sitaram Sharma, Aged About 72 Years, R/o Sb-164, Bapu Nagar, Jaipur (Raj.). ----Respondents For Petitioner(s) : Mr. J.P. Goyal, Senior Advocate assisted by Mr. Abhi Goyal For Respondent(s) : Ms. Palak Saraswat for Mr. Sarvesh Kumar Saraswat JUSTICE ANOOP KUMAR DHAND
Order 26/08/2025
1. The instant writ petition has been filed against the impugned
judgment dated 26.05.2022 passed by the Rent Tribunal, Jaipur Metropolitan II (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 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 respondents.
[2025:RJ-JP:33911] (2 of 3) [CW-16828/2022]
2. Aggrieved by the aforesaid order, the petitioner submitted a statutory appeal before the Appellate Rent Tribunal, Jaipur Metropolitan II, however, the same was rejected vide judgment dated 11.10.2022 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 three months time to vacate the rented premises.
4. Per contra, learned counsel for the respondents opposed the prayer made by the counsel for the petitioner and submitted that the eviction proceedings, in pursuance of the application filed by the respondents remained pending for adjudication before the Rent Tribunal for more than seven years, hence under these circumstances, granting three months more time to the petitioner would be unjustified for the respondents. 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 writ petition stands disposed of in the following terms:-
1. The petitioner shall be entitled to continue in possession of the suit premises till 01.12.2025 but not beyond that, subject to condition that he will hand over the vacant and peaceful possession of the rented premises to the respondents on or before
01.12.2025.
2. The petitioner shall deposit the arrears of rent, due if any, within a period of one month and shall continue to deposit double of the monthly rent with the Bank account of the respondents by 15th of each successive month.
[2025:RJ-JP:33911] (3 of 3) [CW-16828/2022]
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 two months, the respondents 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 II 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 respondents 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 Karan/133