HARENDRA KUMAR SON OF SHRI MAHAVEER PRASAD JAIN v. PRAKASH SEVA SADAN TRUST
CW/19504/2024 · 2025-01-27
Mahendar Kumar Goyal
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 33565 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33565 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:3721] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19504/2024 Harendra Kumar Son Of Shri Mahaveer Prasad Jain, Aged About 57 Years, Owner Harendra Building Materials, New Mandi, Station Road, Bharatpur (Rajasthan). ----Non-Applicant(Defendant)/Tenant/Appellant-Petitioner Versus
1. Prakash Seva Sadan Trust, Station Road, Bharatpur Through Its President Rajendra Agarwal Son Of Shri Jagan Prasad Agarwal, R/o A/3, Surbhi Model Town, B.R. Road, Mulund Mumbai (Maharashtra). ----Applicant-Landlord/Contesting-Respondent
2. Vijay Kumar Son Of Shri Mahaveer Prasad Jain, Jain Traders, In Front Of Nasia Ji Temple, Bharatpur (Rajasthan). ----Non-Applicant (Defendant)-Proforma-Respondent For Petitioner(s) : Mr. Saransh Saini with Mr. Vinod Kumar Gupta For Respondent(s) : Mr. Indrajeet Singh with Mr. Dharmendra Jain HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order 27/01/2025
Learned counsel appearing for the petitioner, on instructions, does not press the writ petition on merits and prays for a reasonable time (upto 31.07.2026) to vacate the premises.
Learned counsel appearing for the respondent No.1 has no objection to the prayer made; he, however, submits that the petitioner may be granted time subject to payment of a sum of ₹1,500/- per month by way of mesne profit. This is not objected by the learned counsel for the petitioner.
[2025:RJ-JP:3721] (2 of 2) [CW-19504/2024] In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioner is granted time upto 31.07.2026 to hand over vacant and peaceful possession of the rented premises to the respondent No.1 subject to following conditions:-
1. The entire arrears of rent/mesne profit till date, shall be deposited by the petitioner in the bank account of respondent No.1 within a period of four weeks from the date of the order.
2. The petitioner shall pay a sum of ₹1,500/- per month towards mesne profit to the respondent No.1 from 01.02.2025 till vacation of the rented premises i.e. on or before 31.07.2026, which may be deposited by him in the bank account of the respondent No.1 by 10th day of each succeeding month.
3. The petitioner 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.
4. The petitioner 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, petitioner does not comply with any of aforesaid conditions, the learned Rent Tribunal shall ensure his eviction without requiring the respondent No.1 to file a separate execution petition even before aforesaid date and it will also be open for the respondent No.1 to initiate contempt proceeding in this Court. The stay application also stands disposed of.
(MAHENDAR KUMAR GOYAL),J GAURAV/30