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2025 DAILYLAW 35227 (RAJ)

TRIVENDRA SAXENA S/O MR. HARNARAYAN SAXENA v. LOKESH KUMAR S/O SANTUMAL

CW/19292/2024 · 2025-02-13

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:6402] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19292/2024 Trivendra Saxena S/o Mr. Harnarayan Saxena, Aged About 62 Years, Pankaj Welding, Makan No. 2/41, Ganesh Talab, Kota, Raj. ----Petitioner/Tenant/Non-Applicant Versus Lokesh Kumar S/o Santumal, Aged About 45 Years, Makan No. 2/41, Ganesh Talab, Kota, Raj. ----Respondent/Landlord/Applicant For Petitioner(s) : Mr. S.R. Choudhary For Respondent(s) : Mr. Anil Kumar Sharma HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 13/02/2025 Learned counsel appearing for the petitioner, on instructions, does not press the writ petition on merits and prays for a reasonable time (upto 31.08.2026) to vacate the premises. Learned counsel appearing for the respondent has no objection to the prayer made; he, however, submits that the petitioner may be granted time subject to payment of a sum of ₹5,000/- per month by way of mesne profit. This is not objected by the learned counsel for the petitioner. In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioner is granted time upto 31.08.2026 to hand over vacant and peaceful possession of the rented premises to the respondent subject to following conditions:- 1. The entire arrears of rent/mesne profit till date, shall be deposited by the petitioner in the bank [2025:RJ-JP:6402] (2 of 2) [CW-19292/2024] account of respondent within a period of four weeks from the date of the order. 2. The petitioner shall pay a sum of ₹5,000/- per month towards mesne profit to the respondent from 01.03.2025 till vacation of the rented premises i.e. on or before 31.08.2026 which may be deposited by him in the bank account of the respondent 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, the petitioner does not comply with any of aforesaid conditions, the learned Rent Tribunal shall ensure his eviction without requiring the respondent to file a separate execution petition even before aforesaid date and it will also be open for the respondent to initiate contempt proceeding in this Court. The stay application also stands disposed of accordingly. (MAHENDAR KUMAR GOYAL),J PRAGATI/25