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2025 DAILYLAW 47656 (RAJ)

KAMAL KUMAR JAIN S/O BABULAL JAIN v. RAMESH CHAND SHARMA S/O SHRI BIHARILAL SHARMA

CW/9215/2020 · 2025-12-15

Bipin Gupta

body2025

Judgment text

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[2025:RJ-JP:50475] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9215/2020 Kamal Kumar Jain S/o Babulal Jain, Aged About 53 Years, R/o Kota Vyavasayik Sthal 136, Shopping Centre, Kota. Proprietor M/ s Surya Furniture 136, Shopping Centre, Kota ----Petitioner Versus 1. Ramesh Chand Sharma S/o Shri Biharilal Sharma, R/o 133, Shopping Centre, Kota. Deceased Through Legal Representatives- 1/1 Sandeep Bundel S/o Late Ramesh Chand Sharma, Aged About 43 Years, R/o 133, Shopping Centre, Kota 1/2 Erva Sharma D/o Late Ramesh Chand Sharma W/o Ram Narayan Sharma, Aged About 49 Years, R/o 195, Rajiv Gandhi Nagar, Kota. 1/3 Chetna Sharma D/o Late Ramesh Chand Sharma W/o Sanjay Sharma, R/o A-353, Madhuban Park Ke Pass, Chandrabardai Nagar, Ajmer (Raj.) ----Respondents For Petitioner(s) : Mr. Vivek Yadav on behalf of Dr. Mahesh Sharma For Respondent(s) : Mr. Rajneesh Gupta HON'BLE MR. JUSTICE BIPIN GUPTA Order 15/12/2025 1. The present writ petition is not being pressed by learned counsel for the petitioner with a prayer that if some reasonable time is granted to him to vacate the premises. 2. 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. [2025:RJ-JP:50475] (2 of 2) [CW-9215/2020] 3. On consent of the parties, petitioner is granted two years & six months time to vacate the premises. On the following consented terms: (i). The petitioner will vacate the premises on or before 31.05.2028. (ii). The petitioner shall pay all the arrears of the rent as per the decree within a period of four weeks. (iii). Petitioner undertakes to pay mesne profit @ Rs.15,000/- per month from 01.12.2025. (iv). Petitioner is directed to file an undertaking before the learned Rent Tribunal, to the effect that he will vacate the premises, on or before 31.05.2028 and further to the effect that he will continue to pay the mesne profit @ Rs.15,000/-, per month till vacation of the premises and further he will not sub-let or create any alteration in the disputed premises. (v). The mesne profit, which is to be paid from 01.12.2025 shall be paid by the petitioner by 15th day of the succeeding month. If he makes default for three consecutive months in payment of the mesne profit, then the respondents shall be entitled to execution for decree. (vi). If the order passed by this Court is not complied with by the petitioner, then he will be liable for contempt of Courts proceedings. 4. With the above observations, the present Civil Writ Petition stands disposed of. 5. All pending application(s), if any, also stand disposed of. (BIPIN GUPTA),J MAHIMA/27