[2025:RJ-JP:15621] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17794/2024 1. Mohanlal Son Of Shri Moolchand, Aged About 72 Years, Propritor Mohan Murti Bhandar, 2475, Bhindo Ka Rasta, Chandpole Bazar, Jaipur (Died During Appeal) 1/1. Mukesh Kumar Sharma Son Of Late Shri Mohanlal Sharma, Aged About 53 Years, Resident Of House No. 455, Shanti Nagar, Road No. 2, Gopalpura, Opposite Dur- gapura Railway Station, Jaipur. ----Petitioners Versus Premprakash Son Of Late Shri Maganlal, Aged About 50 Years, Resident Of 2475, Bhindo Ka Rasta, Chandpole Bazar, Jaipur. ----Respondent For Petitioner(s) : Mr. Sandeep Sharma For Respondent(s) : Mr. Martand Pratap Singh JUSTICE ANOOP KUMAR DHAND Order 08/04/2025 1. The instant writ petition has been filed against the impugned judgment dated 07.01.2023 passed by the Rent Tribunal, Jaipur Metropolitan-II, Jaipur (for short, ‘the Tribunal’) by which the ap- plication 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 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 de- fault of payment of monthly rent, he would pay three times of the monthly rent till handing over the possession of the premises to the respondent. [2025:RJ-JP:15621] (2 of 3) [CW-17794/2024] 2. Aggrieved by the aforesaid order, the petitioner submitted a statutory appeal before the Appellate Rent Tribunal, however the same was rejected vide judgment dated 22.10.2024 and the judg- ment 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 two years time to vacate the rented premises. 4. Per contra, learned counsel for the respondent opposed the prayer made by the counsel for the petitioner and submitted that the eviction proceedings in pursuance of the application filed by the respondent remained pending for adjudication before the Rent Tribunal, hence under these circumstances, granting two years more time to the petitioner would be unjustified for the respon- dent. 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 petition stands disposed of in the following terms:- 1.The legal representative of the petitioner shall be entitled to continue in possession of the suit premises till 01.04.2027 but not beyond that, sub- ject to condition that he will hand over the vacant and peaceful possession of the rented premises to the respondent on or before 01.04.2027. 2.The legal representative of the petitioner shall de- posit the arrears of rent, due if any, up to 12.06.2025 and shall continue to deposit the monthly rent @ Rs.3000/- with the Bank account of the respondent by 15th of each successive month. 3.The legal representative of the petitioner shall not alienate or otherwise create third party right or hand over the possession of the rented premises in ques- tion to anyone. [2025:RJ-JP:15621] (3 of 3) [CW-17794/2024] 4.In case the petitioner fails to deposit the rent con- secutively for a period of four months, the respon- dent shall be at liberty to execute the order passed by the Rent Tribunal without further reference to the Court. 6. Further the legal representative of the petitioner shall submit an undertaking on oath incorporating the aforesaid conditions be- fore the Rent Tribunal, Jaipur Metropolitan II within a period of four weeks from today. In case, the legal representative of the pe- titioner 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 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 Ashu/14