MANISH ARYA S/O LATE SH. UTTAM SINGH ARYA v. RAMSWAROOP KUMAWAT S/O LATE SH.MADAN LAL KUMAWAT
CW/17741/2025 · 2025-11-18
Maneesh Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38788 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38788 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:46435] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17741/2025
1. Manish Arya S/o Late Sh. Uttam Singh Arya, aged about 50 Years, R/o Opposite Mukund Seva Sadan, Modi Road, Jhunjhunu, District Jhunjhunu (Raj.)
2. Manav Arya S/o Late Sh. Uttam Singh Arya, aged about 42 Years, R/o Opposite Mukund Seva Sadan, Modi Road, Jhunjhunu, District Jhunjhunu (Raj.) ----Petitioners Versus Ramswaroop Kumawat S/o Late Sh. Madan Lal Kumawat, aged about 67 Years, R/o Karundiya Road, Jhunjhunu, District Jhunjhunu (Raj.) ----Respondent For Petitioner(s) : Mr. Aditya Matolia For Respondent(s) : Mr. Harsh Sharma HON'BLE MR. JUSTICE MANEESH SHARMA
Order 18/11/2025
1. The present writ petition has been filed by the petitioners under Article 227 of the Constitution of India, assailing the order dated 19.07.2025 passed by the learned Appellate Rent Tribunal, Jhunjhunu, in Rent Appeal No.02/2024 (CIS No.01/2024) titled as Manish Arya & Anr. vs. Ramswaroop Kumawat whereby, the appeal filed by the petitioners was dismissed and uphold the order dated 02.11.2023 passed by the learned Rent Tribunal, Jhunjhunu whereby the eviction petition filed by the respondent was allowed.
2.
Learned counsel for the petitioners, upon instructions of his clients, submits that the petitioners do not wish to press the present writ petition on merits, and would be satisfied if they are granted a reasonable time of one and a half years to vacate the tenanted premises.
3.
Learned counsel for the respondent, upon instructions from his client, submits that he has no objection if the time prayed for by the petitioners, to vacate the tenanted premises, is granted.
[2025:RJ-JP:46435] (2 of 2) [CW-17741/2025]
4. Heard.
5. In view of the above, and with the mutual consent of the parties, this civil writ petition is disposed of with the following directions:
"(i) The petitioners shall be entitled to continue in possession of the suit premises until 30.05.2027, 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.
30.05.2027. (ii) The petitioner shall pay or deposit entire arrears of rent, if any, due from 02.11.2023 to 31.01.2024 at the rate of Rs.85/- per month and from 01.02.2024 to 31.10.2025 at the rate of Rs.255/- per month within one month from today into the bank account of the respondent. From 01.11.2025 onwards until the date of actual vacation, the petitioner shall continue to pay or deposit the mesne profits at the rate of Rs. 11,000/- 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 the mesne profits 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 30.05.2027, the respondent may initiate contempt proceedings for breach of undertaking or non-compliance."
6. Accordingly, the present civil writ petition stands disposed of, 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 DEEPA-15