[2025:RJ-JP:19307] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2139/2025 Arun Shivaji Patil S/o Late Sevaram Alias Shivaji Kakosa Patil, Dukandar M/s Siddhnath Gold And Silver Refinery And Testing Shop, Situated At H.no. 142, Tikkadmal Ka Rasta, Kishanpole Bazar, Opposite Samudayik Kendra And R/o B-17 Baramori Road, Patti Katla, Brahmapuri, Jaipur. ----Petitioner Versus Omshankar Sain S/o Late Shri Nathulal Sain, R/o H.no. 142, Tikkadmal Ka Rasta, Kishanpole Bazar, Opposite Samudayik Kendra, Jaipur. ----Respondent For Petitioner(s) : Mr.Girraj Bhardhar, Sr.Adv. with Mr.Kapil Bhardhar For Respondent(s) : Mr.Ashish Sharma Upadhyay Mr.Ajay Verma JUSTICE ANOOP KUMAR DHAND Order 07/05/2025 1. The instant writ petition has been filed by the petitioner under Article 227 of the Constitution of India, the respondent filed an eviction application under Section 9 of the Rajastan Rent Control Act, 2001 (hereinafter referred to as “the Act of 2001”), before the Rent Tribunal, Jaipur Metro-II, which was rejected by the Rent Tribunal vide order dated 24.12.2021, against which the respondent filed an appeal before the Appellate Rent Tribunal (hereinafter referred as ‘Appellate Authority’) and the said Appellate Authority vide order dated 05.11.2024 allowed the application filed by the respondent under Section 19 of the Act of 2001 and directed the petitioner to vacate the premises within a [2025:RJ-JP:19307] (2 of 3) [CW-2139/2025] period of three months. Additionally, if the petitioner defaults in payment of monthly rent, then he would be liable to pay twice the amount of rent till handing over the possession of the premises to the respondent. 2. Learned counsel for the petitioner after arguing the matter for some time, on instructions of his client, he does not want to press this petition on its merits. Alternatively, the petitioner prays for granting two year time to vacate the rented premises. 3. Per contra, learned counsel for the respondent opposes the prayer made by counsel for the petitioner and submits that the eviction proceedings in pursuance of the application filed by the respondent remained pending for adjudication before the Rent Tribunal for more than two years, hence under these circumstances, granting two year more time to the petitioner would be unjustified. Counsel submits that appropriate suitable time be granted to the petitioner to vacate the premises. 5. In view of the aforesaid submissions made by the counsel for the parties, this writ petition stands disposed of in the following terms:- 1. The petitioner shall be entitled to continue in possession of the suit premises till 07.05.2027 but not beyond that, subject to condition that he will hand over the vacant and peaceful possession of the rented premises to the respondent on or before 07.05.2027. 2. The petitioner shall deposit the arrears of rent, due if any, up to 07.08.2025 and shall continue to deposit the monthly rent @ Rs.7,200/- from today with the Bank account of the respondent by 15th of each successive month. [2025:RJ-JP:19307] (3 of 3) [CW-2139/2025] 3. The petitioner shall not alienate or otherwise create third party right or hand over the possession of the rented premises in question to anyone. 4. In case the petitioner fails to deposit the rent consecutively for a period of four months, the respondent shall be at liberty to execute the order passed by the Rent Tribunal without further reference to the Court. 6. Further the petitioner shall submit an undertaking on oath incorporating the aforesaid conditions before the Rent Tribunal, Jaipur Metro-II within a period of four weeks from today. In case, the petitioner fails to submit the undertaking as aforesaid within a period of four weeks from today and / or commits breach of any of the conditions of this order, the respondent shall be entitled to execute the order passed by the Rent Tribunal, forthwith and shall obtain the possession of the rented premises in accordance with law. 7. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /156