MANOHAR KALRA S/O SHRI JASOMAL v. SOHANMAL PHOPALIYA S/O LATE SHRI JATANMAL PHOPALIYA
CW/191/2025 · 2025-03-25
Mahendar Kumar Goyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49350 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49350 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:13492] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 191/2025 Manohar Kalra S/o Shri Jasomal, Aged About 74 Years, tenant at Shop No. 547, Gopal Ji Ka Rasta, Chokdi Vishveshwar Ji, Jaipur. ----Petitioner/Non-Applicant Versus Sohanmal Phopaliya S/o Late Shri Jatanmal Phopaliya, age about 73 Years, Resident Of Plot No. 538, Gopal Ji Ka Rasta, Chokdi Vishveshwar Ji, Jaipur. ----Non-Petitioner/Applicant For Petitioner(s) : Mr. Abhimanyu Singh Yaduvanshi For Respondent(s) : Mr. Anurag Shukla HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order 25/03/2025 As per the Office report, the defect No.1 is cured. On the oral request of the learned counsel for the petitioner, the defect No.2 is waived.
Learned counsel appearing for the petitioner, on instructions, does not press the writ petition on merits and prays for a reasonable time (upto 30.09.2026) to vacate the premises.
Learned counsel appearing for the respondent has no objection to the prayer made; he, however, submits that the petitioner may be granted time subject to payment of a sum of ₹5,000/- per month by way of mesne profit. This is not objected by the learned counsel for the petitioner. In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioner is granted time upto 30.09.2026 to hand
[2025:RJ-JP:13492] (2 of 2) [CW-191/2025] over vacant and peaceful possession of the rented premises to the respondent subject to following conditions:-
1. The entire arrears of rent/mesne profit till date, shall be deposited by the petitioner in the bank account of respondent within a period of four weeks from the date of the order.
2. The petitioner shall pay a sum of ₹5,000/- per month towards mesne profit to the respondent from 01.04.2025 till vacation of the rented premises i.e. on or before 30.09.2026, which may be deposited by him in the bank account of the respondent by 10th day of each succeeding month.
3. The petitioner further undertakes that he shall not sub-let, assign or part with possession of rented premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period.
4. The petitioner shall furnish a written undertaking incorporating aforesaid conditions before the learned Rent Tribunal within a period of four weeks from today. It is made clear that in case, petitioner does not comply with any of aforesaid conditions, the learned Rent Tribunal shall ensure his eviction without requiring respondent to file a separate execution petition even before aforesaid date and it will also be open for the respondent to initiate contempt proceedings in this Court. Pending application(s), if any, also stands disposed of.
(MAHENDAR KUMAR GOYAL),J Manish/162