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2025 DAILYLAW 40148 (RAJ)

DILIP SINGH KASHYAP S/O SHRI CHANDAN SINGH v. RAJEEV SINGH S/O LATE SHRI RISHI SINGH

CW/1097/2025 · 2025-09-17

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1097/2025 Dilip Singh Kashyap S/o Shri Chandan Singh, aged about 59 Years, R/o Ratan Singh, Tehsildar Ka Makan, Behind Kusum Hospital, Mohalla Gopalgarh, Bharatpur (Raj.) ----Petitioner Versus 1. Rajeev Singh S/o Late Shri Rishi Singh, aged about 65 Years, R/o 1-Ch-15, Jawahar Nagar, Opp. Mama Ki Hotel, Jaipur. 2. Sanjeev S/o Late Shri Rishi Singh, aged about 58 Years, R/o 1-Ch-15, Jawahar Nagar, Opp. Mama Ki Hotel, Jaipur. 3. Smt. Seema Singh D/o Late Shri Rishi Singh W/o Shri Mandeep Singh, aged about 62 Years, R/o 152/3, Shipra Path, Mansarovar, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. J.K. Moolchandani For Respondent(s) : Mr. Sandeep Kumar JUSTICE ANOOP KUMAR DHAND Order 17/09/2025 1. The instant writ petition has been filed against the impugned judgment dated 07.11.2019 passed by the Rent Tribunal, Bharatpur by which the application filed by the respondents under Sections 6, 9 and 10 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 of 3) [CW-1097/2025] 2. Aggrieved by the aforesaid order, the petitioner submitted a statutory appeal before the Appellate Rent Tribunal, however the same was rejected vide judgment dated 03.06.2023 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 respondents opposes the arguments raised by counsel for the petitioner and submits that the eviction 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 20.03.2026 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 20.03.2026. 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 (3 of 3) [CW-1097/2025] 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, Bharatpur 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 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/129