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2025 DAILYLAW 36911 (RAJ)

MUKTILAL SON OF SHRI HARINARAIN v. BADRINRAIN SON OF SHRI KALYAN BUX

CW/1482/2025 · 2025-09-19

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1482/2025 1. Muktilal Son of Shri Harinarain, Resident of Tenant Amba Hair Dresser, Near Jain Temple, Durgapura Main Road, Jaipur (Raj.) (Died During Pendency Of Appeal). 2. Gopal Lal Sain Son of Late Muktilal, Resident Of Near Durga Mata Mandir, Rano Ka Mohalla, Durgapura, Jaipur. 3. Vimla Devi Wife Of Late Muktilal, Resident Of Near Durga Mata Mandir, Rano Ka Mohalla, Durgapura, Jaipur. ----Petitioners Versus 1. Badrinrain Son Of Shri Kalyan Bux, Resident Of Katta Bhawan, Durgapura, Tonk Road, Jaipur (Died During Application). 1/1 Smt. Kanta Devi Wife Of Late Shri Badrinarain, Resident Of Katta Bhawan, Durgapura, Tonk Road, Jaipur, Raj. 1/2. Suresh Khatta @ Guddu Son Of Late Shri Badrinarain, Resident Of Katta Bhawan, Durgapura, Tonk Road, Jaipur, Raj. 1/3. Rajesh Khatta Son Of Late Shri Badrinarain, Resident Of Katta Bhawan, Durgapura, Tonk Road, Jaipur, Raj. 1/4. Dinesh Khatta Son Of Late Shri Badrinarain, Resident Of Katta Bhawan, Durgapura, Tonk Road, Jaipur, Raj. 2. Pushpa Devi Daughter Of Late Muktilal Wife Of Shri Sanwarmal, Resident Of Mohalla Pandika, Mehroli, District Sikar. 3. Smt Sonu Daughter Of Late Muktilal Wife Of Shri Rajesh, Resident Of Plot No. 17, Ganesh Bagh, Behind Mayur Hospital, Khajrana Indore. 4. Santosh Daughter Of Late Muktilal Wife Of Shri Gajanand, Resident Of 855, Ravdhir Singh Colony, Manoharpur, Jaipur. 5. Rekha Daughter Of Late Muktilal Wife Of Shri Shambhudayal, Resident Of 456, Shubham Vihar, Agra (2 of 4) [CW-1482/2025] Road, Luniawas, Jaipur. 6. Sunita Daughter Of Late Muktilal Wife Of Shri Rakesh Kumar, Resident Of Jamwaramgarh, Mohalla Bada Bas, Bhanpura Kalan, Jaipur. ----Respondents For Petitioner(s) : Mr. O.P. Mishra Ms. Meeta Pareek For Respondent(s) : Ms. Anita Khandelwal JUSTICE ANOOP KUMAR DHAND Order 19/09/2025 1. The instant writ petition has been filed against the impugned judgment dated 08.11.2019 passed by the Rent Tribunal, Jaipur by which the application filed by the respondent No.1 under Sections 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 and pay the monthly rent regularly, on the terms and conditions mentioned in the judgment. 2. Aggrieved by the aforesaid order, the legal representatives of petitioner submitted a statutory appeal before the Appellate Rent Tribunal, however the same was rejected vide judgment dated 20.12.2024 and the judgment passed by the Rent Tribunal has been upheld. 3. Counsel for the petitioner submits that he does not want to press this petition on its merits. Alternatively, he prays for granting some reasonable time to vacate the rented premises. 4. Counsel for the respondent opposes the arguments raised by counsel for the petitioner and submits that the eviction (3 of 4) [CW-1482/2025] proceedings, in pursuance of the application filed by them remained pending for adjudication before the Rent Tribunal since 2019, hence under these circumstances, granting more time to the petitioner would be unjustified for the respondents. He further submits that appropriate suitable time be granted to the petitioner to vacate the premises. 5. In view of the aforesaid submissions made by the parties, this petition stands disposed of in the following terms:- 1. The petitioner shall be entitled to continue in possession of the suit premises till 25.10.2026 but not beyond that, subject to condition that he will hand over the vacant and peaceful possession of the rented premises to the respondents on or before 25.10.2016. 2. The petitioner shall deposit the arrears of rent, due if any, within a period of three months and shall deposit two times of monthly rent from today, with the Bank account of the respondent by 15th of each successive month. 3. The petitioner shall not alienate or otherwise create third party right or hand over the possession of the rented premises in question to anyone. 4. In case, the petitioner fails to deposit the rent consecutively for a period of four months, the respondents shall be at liberty to execute the order passed by the Rent Tribunal without further reference to the Court. 6. Further the petitioner shall submit an undertaking on oath incorporating the aforesaid conditions before the Rent Tribunal, Jaipur within a period of four weeks from today. In case, the petitioner 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 respondents shall be entitled to execute the order passed by the Rent Tribunal forthwith and shall (4 of 4) [CW-1482/2025] 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/11