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2025 DAILYLAW 8717 (RAJ)

ASHOK AJMERA S/O BHANWAR LAL AJMERA v. TARUN BHATIA S/O JUGAL DAS BHATIA

CW/3081/2025 · 2025-04-07

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:15333] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3081/2025 1. Ashok Ajmera S/o Bhanwar Lal Ajmera, Age-69 Years, Current Resident Of - 7D-17, Jawahar Nagar, Jaipur. 2. Smt. Raj Ajmera W/o Ashok Ajmera, Age-63 Years, Cur- rent Resident Of - 7D-17, Jawahar Nagar, Jaipur. ----Petitioners/Tenants Versus Tarun Bhatia S/o Jugal Das Bhatia, Age-60 Years, R/o Plot No. - 272, Frontier Colony, Adarsh Nagar, Jaipur. ----Respondent/Landlord For Petitioner(s) : Mr. Aprit Jain For Respondent(s) : Mr. Raman Nanda HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 07/04/2025 Learned counsel appearing for the petitioners, on instructions, does not press the writ petition on merits and prays for a reasonable time (upto 31.10.2026) 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 ₹3,000/- per month by way of mesne profit. This is not objected by the learned counsel for the petitioners. In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioners are granted time upto 31.10.2026 to hand over vacant and peaceful possession of the rented premises to the respondent subject to following conditions:- [2025:RJ-JP:15333] (2 of 2) [CW-3081/2025] 1. The entire arrears of rent/mesne profit till date, shall be deposited by the petitioners in the bank account of respondent within a period of four weeks from the date of the order. 2. The petitioners shall pay a sum of ₹3,000/- per month towards mesne profit to the respondent from 01.05.2025 till vacation of the rented premises i.e. on or before 31.10.2026, which may be deposited by them in the bank account of the respondent by 10th day of each suc- ceeding month. 3. The petitioners further undertake that they 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 petitioners shall furnish a written undertaking in- corporating aforesaid conditions before the learned Rent Tribunal within a period of four weeks from today. It is made clear that in case, petitioners do not comply with any of aforesaid conditions, the learned Rent Tribunal shall ensure their eviction without requiring the respondent to file a separate execution petition even before aforesaid date and it will also be open for the re- spondent to initiate contempt proceedings in this Court. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J Manish/27