[2025:RJ-JP:8986] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2936/2025 1. M/s Ramkishan Madanlal, Firm Through Director/authorized Representative Rameshchand Mundra son of Late Shri Madanlal, Having Registered Office At MU No. 3/522 Pali Bazaar (Shraddhanand Bazaar) Beawar District, Ajmer. 2. Rameshchand Mundra Son of Late Shri Madanlal, Aged About 68 Years, Resident Of 76, Gali No- 4, Pratap Nagar, Beawar District, Ajmer. ----Petitioners/ Tenants/Non-applicants Versus 1. Gokulshyam Son Of Late Shri Ramsahay, Aged About 60 Years, Resident Of Maal Godam Road, Beawar District, Ajmer. ........Respondent/applicant/Landlord 2. Smt. Ratan Devi W/o Late Madanlal, R/o 76, Gali No. 4, Pratap Nagar, Beawar, District Ajmer. 3. Suresh Mundra S/o Late Madanlal, Aged About 59 Years, R/o 76, Sankhla Colony, College Road, Beawar, District Ajmer. 4. Smt. Madhu Nawaal W/o Rajesh D/o Late Madanlal, R/o 3/111, Shastri Nagar, Ajmer. 5. Smt. Manju Kankdi W/o Madhusudan Kankdi D/o Late Madanlal, R/o Sadar Bazaar Ramsar Via Naseerabaad, District Ajmer. ---Performa-Respondents For Petitioner(s) : Ms. Nidhi Sharma For Respondent(s) : Mr. Rahul Singh Meratwal HON'BLE MR. JUSTICE SUDESH BANSAL Order 28/02/2025 1. With consent of counsel for both parties, the writ petition has been heard on merits at this stage. 2. Instant writ petition under Article 227 of Constitution of India has been filed by the petitioners-tenants, assailing the judgment dated 27.01.2025 passed in Rent Appeal No. 33/2023 by the Appellate Rent Tribunal, Ajmer, dismissing the appeal affirming the [2025:RJ-JP:8986] (2 of 3) [CW-2936/2025] order dated 16.02.2023 passed by Rent Tribunal, Beawar, District Ajmer in Rent Petition No.01/2018 whereby and whereunder application of respondent-landlord under Section 9, 14, and 15 of the Rajasthan Rent Control Act, 2001 seeking eviction from disputed shop has been allowed. 3. Learned counsel appearing on behalf of petitioner, after arguing the writ petition on merits for some time and on instructions of petitioners-tenants, who are present in person, submits that in the shop in question, petitioners are running cloth business since long, hence, they prayed that in case sufficient time is granted to vacate and hand over the possession of rented shop to landlord, petitioners-tenants are agreeable not to press the present petition on merits. It has been pointed out that at present since last one year rent is being paid @ Rs.30,000/- per month and looking to the locality of the shop in question, petitioners are ready to pay rent/ mesne profits @ Rs.35,000/-. 4. Learned counsel for respondent-landlord, on instructions of landlord, submits that reasonable time may be granted to petitioners-tenants to vacate the rented shop, if they do not press the writ petition on merits, but condition must be imposed that if petitioners do not vacate, would be liable for contempt of court. 5. In view of above, without interference to the impugned judgment and order, instant writ petition is disposed of on following terms and conditions as agreed between parties:- i) The petitioners-tenants are allowed to continue in possession of rented shop upto 28.02.2026, subject to condition that they shall vacate and hand over possession of rented shop to landlord on or before 28.02.2026. [2025:RJ-JP:8986] (3 of 3) [CW-2936/2025] ii) The petitioners-tenants would pay the mesne profit @ Rs.35,000/- per month with effect from March, 2025 onwards, till vacation of the rented premise. The arrears of mesne profit for the previous one year, if any due, shall be paid @ Rs.30,000/- i.e. last paid rent, within a period of four weeks and from March, 2025 onwards, mesne profit shall be paid @ Rs.35,000/- regularly from month to month basis. The arrears of rent and mesne profit shall be paid in the Bank account of respondent-landlord already available with the petitioners-tenants. iii) The petitioners-tenants shall not alienate or otherwise create third party right or hand over or part with the possession of rented premises in question to any other person. iv) That petitioners-tenants shall furnish an undertaking incorporating aforesaid conditions, before the Rent Tribunal within a period of four weeks, from the date of this order with an advance copy to respondent-landlord. 6. In case, petitioners-tenants fail to submit the undertaking, as aforesaid, and/or commits breach of conditions of this order, respondent-landlord shall be entitled to initiate immediate execution of the judgment dated 27.01.2025 and order dated 16.02.2023 to obtain possession of premises in issue forthwith, in accordance with law, and may also initiate proceedings of contempt for breach of undertaking. 7. Accordingly, instant writ petition stands disposed of. 8. Stay application and any other pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL), J TN/15