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2025 DAILYLAW 32141 (RAJ)

KALYAN PRASAD SON OF SHRI LALLU RAM v. SURESH CHAND SON OF SHRI RAM PRASAD

CW/15417/2015 · 2025-01-27

Mahendar Kumar Goyal

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Judgment text

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[2025:RJ-JP:3800] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15417/2015 Kalyan Prasad S/o Shri Lallu Ram, since deceased through his legal representative: 1/1. Smt. Ganga Bai D/o Late Shri Kalyan Prasad wife of Shri Bheekam Chand Mahajan, aged about 59 years, R/o Phoota Kot, Karauli ----Petitioner/Applicant/Landlord Versus Suresh Chand S/o Shri Ram Prasad R/o Telion Ka Bag, Bhoodara Bazar, Karauli ----Respondent/Non-Applicant/Tenant For Petitioner(s) : Mr. J.P. Goyal, Sr. Adv. with Mr. Siddharth Singh and Ms. Meenal Bhargava For Respondent(s) : Mr. Sumer Singh with Mr. Arun Kumar Sharma HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 27/01/2025 This writ petition is disposed of in following terms as agreed and requested by learned counsels for the respective parties: “(1) The judgment dated 11.08.2015 passed by learned Appellate Rent Tribunal (District and Sessions Judge), Karauli in regular appeal no.1/2014 is quashed and set aside and the judgment dated 22.02.2014 passed by learned Rent Tribunal, Karauli in RCA case no.11/2010 is restored. (2) The respondent/tenant is granted time till 31.01.2027 to vacate the premises. (3). The entire arrears of rent/mesne profit till date, shall be deposited by the respondent in the bank [2025:RJ-JP:3800] (2 of 2) [CW-15417/2015] account of petitioner within a period of four weeks from the date of the order. (4). The respondent shall pay a sum of ₹2500/- per month towards mesne profit to the petitioner from 01.02.2025 till vacation of the rented premises i.e. on or before 31.01.2027, which may be deposited by him in the bank account of the petitioner by 10th day of each succeeding month. (5). The respondent further undertakes that he 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. (6). The respondent 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, respondent does not comply with any of aforesaid conditions, the learned Rent Tribunal shall ensure his eviction without requiring the petitioner to file a separate execution petition even before aforesaid date and it will also be open for petitioner to initiate contempt proceeding in this Court. Pending application(s), if any, also stands disposed of accordingly. (MAHENDAR KUMAR GOYAL),J DIKSHA /113