[2025:RJ-JP:19432] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.3160/2025 Naresh Kumar Soni S/o Late Shri Narayan Sahay Soni, Business Address- House No. 1571 Modani Bhawan Jat Kue Ka Rasta, Chandpol Bazar Jaipur Me Nirmit Dukan J-4, Purav Mukhi. ----Petitioner Versus Abhishek Kumar Modani S/o Shri Naveen Prasad Modani, House No. 1571 Modani Bhawan Jat Kue Ka Rasta, Chandpol Bazar Jaipur Rajasthan. ----Respondent For Petitioner(s) : Mr. R.B. Sharma Ganthola Mr. Rajendra Soni For Respondent(s) : Mr. Rahul Ghiya Mr. Manish Parwal JUSTICE ANOOP KUMAR DHAND Order 08/05/2025 1. The instant writ petition has been filed against the impugned judgment dated 04.01.2022 passed by the Rent Tribunal No.1, Jaipur (for short, ‘the Tribunal’) by which the application filed by the respondent under Section 9 of the Rajasthan Rent Control Act, 2001 (for short ‘the Act of 2001’) has been dismissed. 2. Aggrieved by the aforesaid order, the respondent submitted a statutory appeal before the Appellate Rent Tribunal, Jaipur Metropolitan-I however the same was allowed vide judgment dated 10.02.2025 and the petitioner has been directed to vacate the rented premises. 3. Learned counsel for the petitioner after arguing for some time, on instructions of his client, has not pressed this petition on [2025:RJ-JP:19432] (2 of 3) [CW-3160/2025] 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 respondent 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 on the part of the respondent. Counsel submits that appropriate suitable time be granted to the petitioner to vacate the rented premises. 5. In view of the aforesaid submissions made by the counsel for the parties, this writ petition stands disposed of in the following terms:- 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 [2025:RJ-JP:19432] (3 of 3) [CW-3160/2025] No.1 Jaipur 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 Karan/26