SAMPAT SWAMI S/O SHRI MALIRAM SWAMI v. SHAUKAT HUSSAIN S/O LATE SHRI MAHBOOB ALI KHAN
CW/13917/2025 · 2026-01-12
Bipin Gupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18642 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18642 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:1046] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13917/2025 Sampat Swami S/o Shri Maliram Swami, Aged About 46 Years, R/o Road No. 03, Chhipa Factory And Sky Line Hospital Ke Pas, Jhunjhunu, Tehsil And District Jhunjhunu (Rajasthan) ----Petitioner/Appellant Versus
1. Shaukat Hussain S/o Late Shri Mahboob Ali Khan, R/o Road No. 03, Jhunjhunu, Tehsil And District Jhunjhunu (Rajasthan)
2. Iqbal Hussain S/o Late Shri Mahboob Ali Khan, Aged About 58 Years, R/o Road No. 03, Jhunjhunu, Tehsil And District Jhunjhunu (Rajasthan)
3. Jahur Ahmed S/o Late Shri Mahboob Ali Khan, Aged About 54 Years, R/o Road No. 03, Jhunjhunu, Tehsil And District Jhunjhunu (Rajasthan)
4. Smt. Batul Begum D/o Late Shri Mahboob Ali Khan, W/o Shri Maqbool Khan, Aged About 73 Years, R/o Road No. 03, Jhunjhunu, Tehsil And District Jhunjhunu (Rajasthan)
5. Smt. Roshan Begum D/o Late Mahboob Ali Khan, W/o Shri Hakim Ali Khan, Aged About 69 Years, R/o G-23, Indira Nagar, Jhunjhunu, Tehsil And District Jhunjhunu (Rajasthan)
6. Smt. Ruksana Bano D/o Late Shri Mahboob Ali Khan, W/o Shri Hakim Ali Khan, Aged About 31 Years, R/o Mohalla Batwalan, Jhunjhunu, Tehsil And District Jhunjhunu (Rajasthan) ----Respondents/Arjidar For Petitioner(s) : Mr. Hanuman Choudhary For Respondent(s) : Mr. Intjar Ali HON'BLE MR. JUSTICE BIPIN GUPTA
Judgment / Order 12/01/2026
[2026:RJ-JP:1046] (2 of 3) [CW-13917/2025]
1. The present writ petition is not being pressed by learned counsel for the petitioner with a prayer that if some reasonable time is granted to him to vacate the premises.
2.
Learned counsel for the respondents, upon instructions from their clients, submits that he has no objection if the time prayed for by the petitioner, to vacate the tenanted premises, is granted.
3. On consent of the parties, petitioner is granted two years' time to vacate the premises. On the following consented terms: (i) The petitioner will vacate the premises on or before 31.01.2028. (ii) The petitioner shall pay all the arrears of the rent as per the decree within a period of four weeks. (iii) Petitioner undertakes to pay mesne profit @ Rs.3000/- per month from 01.02.2026. (iv) Petitioner is directed to file an undertaking before the learned Rent Tribunal, to the effect that he will vacate the premises, on or before 31.01.2028 and further to the effect that he will continue to pay the mesne profit @ Rs.3000/-, per month till vacation of the premises and further he will not sub-let or create any alteration in the disputed premises. (v) The mesne profit, which is to be paid from 01.02.2026 shall be paid by the petitioner by 15th day of the succeeding month. If he makes default for three consecutive months in payment of the mesne profit, then the respondents shall be entitled to execution for decree.
[2026:RJ-JP:1046] (3 of 3) [CW-13917/2025] (vi) If the order passed by this Court is not complied with by the petitioner, then he will be liable for contempt of Courts proceedings.
4. With the above observations, the present Civil Writ Petition stands disposed of.
5. All pending application(s) also stand disposed of.
(BIPIN GUPTA),J Sudha/91