TULSIRAMS/O LATE SHRI GANESH NARAYAN THROUGH LRS v. GOVIND SINGH S/O SHRI RAM SINGH
CW/16412/2024 · 2025-08-12
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32134 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32134 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:31410] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16412/2024
1. Tulsiram s/o Late Shri Ganesh Narayan Through Lrs, R/o House No. 3673, Near Nahargarh Police Station, Chokadi Purani Basti, And Corner Shop Of House No. 2283, Deenanath Ji Ka Rasta, Shailo Ki Gali, 4Th Choraha Jaipur Since Deceased Through His Legal Heirs- 1/1. Smt. Meva Devi W/o Late Tulsiram, R/o House No. 3673 Langar Ke Balaji Ka Rasta, Near Nahargarh Police Station, Chokdi Purani Basti, Jaipur. 1/2. Rajesh S/o Late Shri Tulsiram, R/o House No. 3673 Langar Ke Balaji Ka Rasta, Near Nahargarh Police Station, Chokdi Purani Basti, Jaipur. ----Petitioners Versus Govind Singh S/o Shri Ram Singh, Aged About 41 Years, R/o House No. 2283, Deenanath Ji Ka Rasta, Shailo Ki Gali, 4Th Choraha, Jaipur (Rajasthan). ----Respondent For Petitioner(s) : Mr.Rohit Thaker for Mr.G.L. Sharma For Respondent(s) : Mr.Nand Kishore Sharma JUSTICE ANOOP KUMAR DHAND
Order 12/08/2025
1. The instant writ petition has been filed against the impugned
judgment dated 20.09.2023 passed by the Rent Tribunal, Jaipur Metropolitan-II (for short, ‘the Tribunal’) by which the application filed by the respondent under Section 9 of the Rajasthan Rent Control Act, 2001 (for short ‘the Act of 2001’) has been allowed and the petitioners have been directed to vacate the rented premises within a period of six months. Additionally, if the
[2025:RJ-JP:31410] (2 of 3) [CW-16412/2024] petitioner-tenants do not vacate the premises within six months from the date of issuance of possession certificate, they would pay three time of the monthly rent till handing over the possession of the premises to the respondent-landlord.
2. Aggrieved by the aforesaid order, the petitioner-tenants submitted a statutory appeal before the Appellate Rent Tribunal, Jaipur Metropolitan-II, however, the same was rejected vide
judgment dated 07.10.2024 and the judgment passed by the Rent Tribunal has been upheld.
3.
Learned counsel for the petitioners after arguing for some time, on instructions of his client, has not pressed this writ petition on its merits. Alternatively, the petitioners pray for granting two years time to vacate the rented premises.
4. Per contra, learned counsel for the respondent opposes the prayer made by counsel for the petitioners and submits that the eviction proceedings, in pursuance of the application filed by the respondent remained pending for adjudication before the Rent Tribunal for more than 8 years, hence under these circumstances, granting two years more time to the petitioners would be unjustified for the respondent. Counsel submits that appropriate suitable time be granted to the petitioners to vacate the premises.
5. In view of the aforesaid submissions made by counsel for the parties, this writ petition stands disposed of in the following terms:-
1. The petitioners shall be entitled to continue in possession of the suit premises till 31.08.2026, but not beyond that, subject to condition that he will hand over the vacant and peaceful possession of the rented premises to the respondent on or before
31.08.2026.
[2025:RJ-JP:31410] (3 of 3) [CW-16412/2024]
2. The petitioners shall deposit the arrears of rent, due if any, within a period of three months and shall continue to deposit the double amount of monthly rent, with the Bank account of the respondent by 15th of each successive month.
3. The petitioners 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 petitioners fail 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 petitioners shall submit an undertaking on oath incorporating the aforesaid conditions before the Rent Tribunal, Jaipur within a period of four weeks from today. In case, the petitioners fail to submit an undertaking as aforesaid within a period of four weeks from today and / or commit 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 Aayush Sharma /121