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2025 DAILYLAW 38102 (RAJ)

SITA RAM SHARMA S/O RAMGOPAL JI SHARMA v. SMT. SAVITA RANA, (ALIAS SAVITA BEHEN), W/O- SHRI PRUOSHOTAM DAS JI RANA

CW/7008/2025 · 2025-10-07

Maneesh Sharma

body2025

Judgment text

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[2025:RJ-JP:40684] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7008/2025 Sita Ram Sharma S/o Ramgopal Ji Sharma, Aged About 68 Years, R/o- Village Bilva, Tehsil Sanganer, District Jaipur. ----Petitioner Versus Smt. Savita Rana, (Alias Savita Behen), W/o- Shri Pruoshotam Das Ji Rana, Aged About 79 Years, R/o - Plot No - 1215, Kaji Ji Ka Choraha, Partaniyo Ka Rasta, Chokdi Visheshwar Ji, Jaipur. ----Respondent For Petitioner(s) : Mr. Ramawtar Sharma, Mr. Ravi Sharma For Respondent(s) : Mr. Mohammed Anees HON'BLE MR. JUSTICE MANEESH SHARMA Order 07/10/2025 1. The instant Civil Writ Petition has been filed by the petitioner under Article 227 of the Constitution of India against the judgment dated 28.01.2025 passed by the learned Rent Appellate Tribunal, Jaipur Metropolitan - I, Jaipur, in Civil Regular Appeal No. 34/2021, whereby the learned Rent Appellate Tribunal dismissed the appeal and partially affirmed the final order dated 26.02.2021 passed by the learned Rent Tribunal No. 2, Jaipur Metropolitan - I, whereby he allowed the petition filed by the respondent under Sections 6 and 9 (a)(d) & (i) of the Rajasthan Rent Control Act, 2001. 2. After arguing at some length, learned counsel for the petitioner, upon instructions from his client, states that he does [2025:RJ-JP:40684] (2 of 3) [CW-7008/2025] not wish to press the present writ petition on merits, with a limited prayer that the petitioner may be granted a reasonable time upto 31.12.2026 to vacate the tenanted premises. 3. Learned counsel for the respondent, upon instructions from his client, states that he has no objection to such granting of time as prayed by the petitioner to vacate the tenanted premises. 4. Heard and considered the submissions made at bar. 5. In view of the above, and with the mutual consent of the parties, this writ petition is disposed of with the following directions: "(i) The petitioner shall be entitled to continue in possession of the suit premises until 31.12.2026, but not beyond, on the condition that the petitioner shall hand over vacant and peaceful possession of the premises to the respondent on or before that date i.e. 31.12.2026. (ii) The petitioner shall pay or deposit entire arrears of rent/mesne profit, if any, due up to 31.10.2025 at the rate of Rs. 350/- per month within one month from today into the bank account of the respondent. From November 2025 onwards until the date of actual vacation, the petitioner shall continue to pay or deposit the mesne profit at the rate of Rs. 1,500/- per month in the respondent's bank account by the 15th day of each month. (iii) The petitioner shall not sublet, create any third-party rights, or hand over possession of the tenanted premises to any other person. (iv) If the petitioner fails to deposit mesne profit for two (2) consecutive months, the respondent shall be entitled to execute the decree without further reference of this Court. (v) The petitioner shall submit an undertaking duly supported with an affidavit, incorporating the above conditions, before the learned Rent Tribunal within four weeks from the date of this order. Non- compliance or breach of any condition mentioned hereinabove shall empower the respondent to execute the decree immediately and take possession of the premises in accordance with law. (vi) If the petitioner fails to vacate the premises by 31.12.2026, the respondent may initiate contempt proceedings for breach of undertaking or non-compliance." [2025:RJ-JP:40684] (3 of 3) [CW-7008/2025] 6. Accordingly, the present Civil Writ Petition stands disposed of as not pressed, with the aforesaid directions. 7. The stay application and all other pending applications, if any, also stand disposed of as not pressed. (MANEESH SHARMA),J Seema/130