HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2167/2025 Mobin S/o Imamuddin, Resident Of House No 1186, Moti Dungri Road, City Hospital, Opposite Chhapparwad, Jaipur ----Petitioner Versus 1. Kaneez Bano W/o Mohd. Ishak, Resident Of House No 1186, Moti Dungri Road, City Hospital, Opposite Chhapparwad, Jaipur (Since Deceased) 2. Mohd Ishak, S/o Nasruddin 3. Suhana, Aged About 23 Years, S/o Mohd Ishak 4. Sufiya, Aged About 20 Years, D/o Mohd Ishak 5. Muskan D/o Mohd Ishak, Aged About 18 Years, Through Natural Guardian Father Mohd Ishak 6. Shifa D/o Mohd Ishak, Aged About 15 Years, Through Natural Guardian Father Mohd Ishak 7. Mohd Ali S/o Mohd Ishak, Aged About 11 Years, Through Natural Guardian Father Mohd Ishak 8. Saniya D/o Mohd Ishak, Aged About 9 Years, Through Natural Guardian Father Mohd Ishak All Resident House No 1186, Moti Dungri Road, City Hospital, Opposite Chhapparwad, Jaipur ----Respondents For Petitioner(s) : Mr. Subodh Kumar Sharma For Respondent(s) : Mr. Shashi Kant Saini Mr. Manish Dinkar JUSTICE ANOOP KUMAR DHAND Order 08/05/2025 1. The instant writ petition has been filed against the impugned judgment dated 24.02.2023 passed by the Rent Tribunal, Jaipur Metropolitan-II (for short, ‘the Tribunal’) by which the application (2 of 3) [CW-2167/2025] filed by the respondents under Section 9 of the Rajasthan Rent Control Act, 2001 (for short ‘the Act of 2001’) has been allowed and the petitioner has been directed to vacate the rented premises within a period of six months. Additionally, the petitioner has been further directed to pay monthly rent regularly and in default of which, he would pay thrice the amount of monthly rent till handing over the possession of the premises to the respondent. 2. Aggrieved by the aforesaid order, the petitioner submitted a statutory appeal before the Appellate Rent Tribunal, Jaipur Metropolitan-II, however the same was rejected vide judgment dated 28.11.2024 and the judgment passed by the Rent Tribunal has been upheld. 3. Learned counsel for the petitioner after arguing for some time, on instructions of his client, has not pressed this petition on its merits. Alternatively, the petitioner prays for granting one and half years time to vacate the rented premises. 4. Per contra, learned counsel for the respondents opposed the prayer made by the counsel for the petitioner and submitted that the eviction proceedings in pursuance of the application filed by the respondent remained pending for adjudication before the Rent Tribunal for more than four years, hence under these circumstances, granting one and half year more time to the petitioner would be unjustified for the respondent. Counsel submits that appropriate suitable time be granted to the petitioner to vacate the premises in question. 5. In view of the aforesaid submissions made by the counsel for the parties, this writ petition stands disposed of in the following terms:- (3 of 3) [CW-2167/2025] 1. The petitioner shall be entitled to continue in possession of the suit premises till 01.12.2026 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 01.12.2026. 2. The petitioner shall deposit the arrears of rent, due, if any, within a period of three months from today and shall continue to deposit three times of the monthly rent in the Bank account of the respondent by 15th day of each successive month. 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 Metropolitan-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 KuD/3