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[2025:RJ-JP:46303] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17615/2025 Suresh Chand Khudase Wale, Owner of Firm Kedarnath Suresh Chand Parchuniya, Station Road, Opposite Saligram Mandir, New Mandi, Bharatpur (Rajasthan). ----Petitioner Versus
1. Arun Kumar, Son of Shri Jaikumar Sharma
2. Pankaj Kumar Son of Shri Jaikumar Sharma, Resident of Near Saligram Temple, Station Road, New Mandi, Bharatpur (Rajasthan). ----Respondents For Petitioner(s) : Mr. Shyam Singh Yadav with Mr. Tarun Yadav For Respondent(s) : Mr. Deepak Sharma HON'BLE MR. JUSTICE MANEESH SHARMA
Order 17/11/2025
1. The present writ petition has been filed by the petitioner under Article 227 of the Constitution of India, assailing the order dated 30.08.2025 passed by the Appellate Rent Tribunal, Bharatpur, in Rent Appeal No.03/2023 titled as “Suresh Chand Khudase Wale vs. Arun Kumar & Anr.”, upholding the order dated 03.08.2023 passed by the learned Rent Tribunal, Bharatpur, in Rent Petition No.13/2019 whereby the eviction petition filed by the respondents was allowed.
2.
Learned counsel for the petitioner, upon instructions of his client, submits that the petitioner does not wish to press the present writ petition on merits, and would be satisfied if he is
[2025:RJ-JP:46303] (2 of 3) [CW-17615/2025] granted a reasonable time of two years to vacate the tenanted premises.
3.
Learned counsel for the respondents, upon instructions from his client, submits that he has no objection if the time prayed for by the petitioner, to vacate the tenanted premises, is granted.
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 petitioner shall be entitled to continue in possession of the suit premises until 30.11.2027, 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.
30.11.2027. (ii) The petitioner shall pay or deposit entire arrears of rent, if any, due from 03.08.2023 to 02.11.2023 at the rate of Rs.1,000/- per month and from 03.11.2023 up to 31.10.2025 at the rate of Rs.3,000/- 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. 7,500/- 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 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 30.11.2027, the respondent may initiate contempt proceedings for breach of undertaking or non-compliance."
[2025:RJ-JP:46303] (3 of 3) [CW-17615/2025]
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 /4