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2025 DAILYLAW 45023 (RAJ)

TARACHAND SONI S/O LATE SHRI CHUNNILAL v. SMT. NANI BAI W/O LATE SHRI PRABHULAL

CW/12716/2025 · 2025-11-03

Maneesh Sharma

body2025

Judgment text

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[2025:RJ-JP:44067] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12716/2025 Tarachand Soni S/o Late Shri Chunnilal, Aged About 76 Years, R/o Baldev Nagar Chauraha, Makadwali Road, Ajmer, Rajasthan. ----Petitioner Versus 1. Smt. Nani Bai W/o Late Shri Prabhulal, R/o 491-495/7, Bisayati Gali Naya Bazar, Ajmer. 2. Smt. Shweta D/o Late Shri Prabhulal, R/o 491-495/7, Bisayati Gali Naya Bazar, Ajmer. ----Respondents For Petitioner(s) : Mr. Mandar Bhatodkar For Respondent(s) : Mr. Akash Sharma HON'BLE MR. JUSTICE MANEESH SHARMA Order 03/11/2025 1. The present writ petition has been filed by the petitioners under Article 227 of the Constitution of India, assailing the judgment and decree dated 31.07.2025 passed by the learned Appellate Rent Tribunal, Ajmer in appeal No.21/2024 (CIS No.21/2024), whereby the learned Appellate Rent Tribunal upheld the eviction decree dated 06.12.2023 passed by the learned Rent Tribunal, Ajmer in rent case No. 64/2017 (CIS No.84/2017). 2. Learned counsel for the petitioner-tenant submits that he has instructions not to press the matter on merits and that the petitioner would be satisfied if he is granted a reasonable time of two years to vacate the tenanted premises. 3. Learned counsel for the respondent-landlord, upon instructions from his client, submits that he has no objection to [2025:RJ-JP:44067] (2 of 3) [CW-12716/2025] granting the time requested by the petitioner-tenant to vacate the premises. 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 31.10.2027, 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. 31.10.2027. (ii) The petitioner shall pay or deposit entire arrears of rent, if any, due up to May, 2024 at the rate of Rs.1,000/- per month; and from June, 2024 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.5,000/- 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 31.10.2027, 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. [2025:RJ-JP:44067] (3 of 3) [CW-12716/2025] 7. The stay application and all other pending applications, if any, also stand disposed of as not pressed. (MANEESH SHARMA),J PAYAL DHAWAN /13