[2025:RJ-JP:43925] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10450/2025 Prabhudayal Son of Hanuman Prasad, aged about 66 Years, Resident of Ward No. 42, Surya Nagar, Chauthmal Ki Atta Chakki Ke Pass, Piprali Road, Sikar, Tehsil And District Sikar (Rajasthan) ----Petitioner Versus 1. Bashir (Deceased), Through His Legal Heirs:- 1/1. Jamila Wife of Late Bashir, 1/2. Vajir Son of Late Bashir, 1/3. Shabbir Son of Late Bashir, 1/4. Parvej Son of Late Bashir, 1/5. Tosif Son of Late Bashir, 1/6. Daulat Daughter of Late Bashir, 1/7. Amina Daughter of Late Bashir, 1/8. Ruksana Daughter of Late Bashir, 1/9. Shahnaj Daughter of Late Bashir, 1/10. 2. Hasina Daughter of Late Bashir, All Residents of Ward No. 42, Surya Nagar, Piprali Road, Sikar, District Sikar (Raj.). Shripal Son of Shekharchand, Resident of Singhasan, Tehsil and District Sikar. ----Respondents For Petitioner(s) : Mr. Anoop Pareek with Mr. Pranav Pareek, Mr. Kshitiz Sharma For Respondent(s) : Mr. Anurag Pareek HON'BLE MR. JUSTICE MANEESH SHARMA Order 01/11/2025 1. The present writ petition has been filed by the petitioner under Article 227 of the Constitution of India, assailing the order [2025:RJ-JP:43925] (2 of 3) [CW-10450/2025] dated 30.04.2025 passed by the Appellate Rent Tribunal, Sikar, in Rent Appeal No.05/2019 titled as “Prabhudayal vs. Jamila & Ors.”, whereby the order dated 03.05.2019 passed by the Rent Tribunal, Sikar, in Rent Application No.02/2015 titled as “Bashir vs. Prabhudayal and Anr.” was upheld, by way of which the Rent Tribunal had directed the petitioner-tenant to hand over possession of the tenanted premises. 2. Learned counsel for the petitioner, upon instructions of his client, submits that he is not pressing the writ petition on merits, and wants reasonable time of two years to vacate the suit property. 3. Learned counsel for the respondents, upon instructions of his client, submits that he has no objection in granting the said period, provided the petitioner pays the entire arrears of rent @ Rs.1,581/-, as well as mesne profit for the aforesaid period of two years @ Rs.3,000/-. 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 from 03.05.2019 up to 31.10.2025 at the rate of Rs.1,581/- 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 [2025:RJ-JP:43925] (3 of 3) [CW-10450/2025] profits at the rate of Rs. 3,000/- 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. 7. The stay application and all other pending applications, if any, also stand disposed of as not pressed. (MANEESH SHARMA),J SOURAV /130