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2025 DAILYLAW 47725 (RAJ)

RAJENDRA KUMAR v. BAJRANG LAL S/O LATE BANSHIDHAR

CW/12964/2025 · 2025-11-11

Maneesh Sharma

body2025

Judgment text

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[2025:RJ-JP:45147] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12964/2025 1. Rajendra Kumar, S/o Late Radheshyam 2. Narendra Kumar S/o Late Radheshyam, R/o To East of Kirshi Upaj Mandi, Near Railway Fatak No.3 Radha Kishanpura Tehshil And District Sikar ----Petitioners/Tenants Versus Bajrang Lal S/o Late Banshidhar, R/o Shitla Ka Bas, Ward No. 24, Tehshil And District Sikar. ----Respondent/Landlord For Petitioner(s) : Mr. Vaibhav Nirmal For Respondent(s) : Mr. Sanjay Mishra HON'BLE MR. JUSTICE MANEESH SHARMA Order 11/11/2025 1. The present writ petition has been filed by the petitioners under Article 227 of the Constitution of India, assailing the order dated 07.07.2025 passed by the learned Appellate Rent Tribunal, Sikar in Rent Appeal No.02/2022, whereby the appeal filed by the petitioners has been dismissed and the order dated 05.01.2022 passed by the learned Rent Tribunal has been confirmed. 2. Learned counsel for the petitioners-tenants submits that he has instructions not to press the matter on merits and that the petitioners would be satisfied if they are granted reasonable time of one and half years to vacate the tenanted premises. 3. Learned counsel for the respondent-landlord, upon instructions from his client, submits that he has no objection if the time prayed for by the petitioners-tenants, to vacate the tenanted premises, is granted. [2025:RJ-JP:45147] (2 of 3) [CW-12964/2025] 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 petitioners shall be entitled to continue in possession of the suit premises until 30.05.2027, but not beyond, on the condition that the petitioners shall hand over vacant and peaceful possession of the premises to the respondent on or before that date i.e. 30.05.2027. (ii) The petitioners shall pay or deposit entire arrears of rent, if any, due from 01.04.2022 up to 31.10.2025 at the rate of Rs.900/- 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 petitioners shall continue to pay or deposit the mesne profits at the rate of Rs. 1,500/- per month in the respondent's bank account by the 15th day of each month. (iii) The petitioners shall not sublet, create any third-party rights, or hand over possession of the tenanted premises to any other person. (iv) If the petitioners 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 petitioners 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 petitioners fails to vacate the premises by 30.05.2027, the respondent may initiate contempt proceedings for breach of undertaking or non-compliance." [2025:RJ-JP:45147] (3 of 3) [CW-12964/2025] 6. Accordingly, the present civil writ petition stands disposed of, with the aforesaid directions. 7. All other pending applications, if any, also stand disposed of as not pressed. (MANEESH SHARMA),J SOURAV /1