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2025 DAILYLAW 5795 (RAJ)

MOHAMMAD HUSAIN SON OF MOHAMMAD IDRISH v. SMT SUFIYA WIFE OF LATE SHRI KAMRUDDIN KHAN

CW/1873/2025 · 2025-02-04

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:4751] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1873/2025 Mohammad Husain Son Of Mohammad Idrish, Aged About 60 Years, Commercial Address Masur Bekri, Near Lakshmi Sweets, Subhash Chok, Jaipur ----Petitioner/Appellant/Tenant Versus 1. Smt Sufiya Wife Of Late Shri Kamruddin Khan, Aged About 60 Years, (Deceased) 2. Shri Hasan Son Of Late Shri Kamrruddin Khan, Aged About 42 Years, Resident Of House No. 3211, Moti Katla Bajar, Pannigran Ka Rasta, Chokri Ramchandra Ji Ki, Subash Chok, Jaipur. 3. Shri Husain Son Of Late Shri Kamrruddin Khan, Aged About 42 Years, Resident Of House No. 3211, Moti Katla Bajar, Pannigran Ka Rasta, Chokri Ramchandra Ji Ki, Subash Chok, Jaipur. ----Respondents/Landlord For Petitioner(s) : Mr. Sikander Ali Chopdar For Respondent(s) : Mr. Mohammed Anees HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 04/02/2025 Learned counsel appearing for the petitioner, on instructions, does not press the writ petition on merits and prays for a reasonable time (upto 31.07.2026) to vacate the premises. Learned counsel appearing for the respondents no.2 and 3 has no objection to the prayer made; he, however, submits that the petitioner may be granted time subject to payment of a sum of Rs.10,000/- per month by way of mesne profit. This is not objected by the learned counsel for the petitioner. [2025:RJ-JP:4751] (2 of 2) [CW-1873/2025] In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioner is granted time upto 31.07.2026 to hand over vacant and peaceful possession of the rented premises to the respondents no.2 and 3 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 respondents no.2 and 3 within a period of four weeks from the date of the order. 2. The petitioner shall pay a sum of 10,000 ₹ /- per month towards mesne profit to the respondents no.2 and 3 from 01.03.2025 till vacation of the rented premises i.e. on or before 31.07.2026, which may be deposited by him in the bank account of the respondents no.2 and 3 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 respondents no.2 and 3 to file a separate execution petition even before aforesaid date and it will also be open for respondents no.2 and 3 to initiate contempt proceedings in this Court. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J DIKSHA /14