SOBHAGMAL AGARWAL SON OF RAMMANOHAR LALJI AGARWAL v. SHRI KAILASH CHANDRA CHATURVEDI SON OF LATE SHRI GOPINATH CHATURVEDI
CW/523/2025 · 2025-03-10
Mahendar Kumar Goyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35539 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35539 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:10733] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 523/2025
1. Sobhagmal Agarwal Son Of Rammanohar Lalji Agarwal, Resident Of House No. 1014, Achar Walon Ki Gali, Gopalji Ka Rasta, Chowkdi Vishweshwarji, Jaipur, Shop- House No. 402, Neeche Ka Raasta Hanumanji, Chowkdi Vishweshwarji, Jaipur.
2. Babita Agarwal Wife Of Sobhagmal Agarwal, Resident Of House No. 1014, Achar Walon Ki Gali, Gopalji Ka Rasta, Chowkdi Vishweshwarji, Jaipur, Shop- House No. 402, Neeche Ka Raasta Hanumanji, Chowkdi Vishweshwarji, Jaipur. ----Petitioners/Appellants/Tenants Versus
1. Shri Kailash Chandra Chaturvedi Son Of Late Shri Gopinath Chaturvedi, Resident Of House No. 402, Raasta Hanumanji Chowkdi Vishweshwarji, Jaipur. (Deceased During Appeal) Through Legal Heirs 1/1. Shri Yagyadutt Chaturvedi Son Of Late Shri Kailash Chandra Chaturvedi, Resident Of House No. 402, Raasta Hanumanji, Chowkdi Vishweshwarji, Jaipur. 1/2. Shri Yogesh Chaturvedi Son Of Late Shri Kailash Chandra Chaturvedi, Resident Of House No. 402, Raasta Hanumanji, Chowkdi Vishweshwarji, Jaipur. 1/3. Mrs. Hemlata Sharma Wife Of Mr. Dinesh Sharma, Son Of Late Shri Kailash Chandra Chaturvedi, Resident Of House No. 402, Raasta Hanumanji, Chowkdi Vishweshwarji, Jaipur. ----Respondents/Applicant/Landowner For Petitioner(s) : Ms. Nidhi Sharma For Respondent(s) : Mr. Sahil Duseja for Mr. Dinesh Kala HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
[2025:RJ-JP:10733] (2 of 3) [CW-523/2025] 10/03/2025
Learned counsel appearing for the petitioners, on instructions, does not press the writ petition on merits and prays for a reasonable time (upto 30.09.2026) to vacate the premises.
Learned counsel appearing for the respondents has no objection to the prayer made; he, however, submits that the petitioners may be granted time subject to payment of a sum of ₹2,500/- per month by way of mesne profit. This is not objected by the learned counsel for the petitioners. In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioners are granted time upto 30.09.2026 to hand over vacant and peaceful possession of the rented premises to the respondents subject to following conditions:-
1. The entire arrears of rent/mesne profit till date, shall be deposited by the petitioners in the bank account of respondents within a period of four weeks from the date of the order.
2. The petitioners shall pay a sum of ₹2,500/- per month towards mesne profit to the respondents from 01.04.2025 till vacation of the rented premises i.e. on or before 30.09.2026, which may be deposited by them in the bank account of the respondents by 10th day of each succeeding month.
3. The petitioners further undertake that they 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 petitioners shall furnish a written undertaking incorporating aforesaid conditions before the learned Rent Tribunal within a period of four weeks from today.
[2025:RJ-JP:10733] (3 of 3) [CW-523/2025] It is made clear that in case, petitioners do not comply with any of aforesaid conditions, the learned Rent Tribunal shall ensure their eviction without requiring respondents to file a separate execution petition even before aforesaid date and it will also be open for the respondents to initiate contempt proceedings in this Court. Pending application(s), if any, also stands disposed of.
(MAHENDAR KUMAR GOYAL),J Manish/21