YASHWANT KHUTETA S/O RADHESHYAM KHUTETA v. HANUMAN SAHAI SHARMA S/O LATE GORI SHANKAR SHARMA
CW/2595/2025 · 2025-02-18
Mahendar Kumar Goyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6991 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6991 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:7037] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2595/2025 Yashwant Khuteta S/o Radheshyam Khuteta, Aged About 60 Years, R/o H.no. 8/160, Sector 8, Malviya Nagar, Jaipur. ----Petitioner Versus Hanuman Sahai Sharma S/o Late Gori Shankar Sharma, Aged About 74 Years, R/o H.no. 2008, Mahalaxmi Ji Ka Mandir, Lal Haathiyon Ke Mandir Ke Saamne, Nahargarh Ka Rasta, Chandpole Bazar, Jaipur. ----Respondent For Petitioner(s) : Mr. N.K. Maloo, Sr. Adv. with Mr. Divyesh Maheshwari and Mr. Yuvraj Mittal For Respondent(s) : Mr. O.P. Mishra HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order 18/02/2025 Learned Senior Counsel appearing for the petitioner, on instructions, does not press the writ petition on merits and prays for a reasonable time (upto 28.02.2027) 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 Rs.5,000/- per month by way of mesne profit. This is not objected by the learned Senior Counsel for the petitioner. In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioner is granted time upto 28.02.2027 to hand over vacant and peaceful possession of the rented premises to the respondent subject to following conditions:-
[2025:RJ-JP:7037] (2 of 2) [CW-2595/2025]
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 01.03.2025 till vacation of the rented premises i.e. on or before 28.02.2027, which may be deposited by him in the bank account of the respondent by 10th day of each succeeding month.
3. The petitioner further undertake 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 respondent to initiate contempt proceeding in this Court. Pending application(s), if any, also stands disposed of.
(MAHENDAR KUMAR GOYAL),J YOGESH/5