Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 18829 (RAJ)

VIPIN GOYAL S/O LATE BHANWARLAL JI v. SHRI GYAN CHAND JAIN S/O DEBIRAM

CW/14972/2024 · 2026-01-06

Bipin Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:196] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14972/2024 Vipin Goyal S/o Late Bhanwarlal Ji, Aged About 64 Years, R/o H. No. 1075/19, Hindu Mochi Mohalla Ghaseti Ajmer (Raj.) ----Petitioner Versus 1. Shri Gyan Chand Jain S/o Debiram, Deleted Order Date 01.09.2021 2. Shri Naresh Jain, Aged About 64 Years, S/o Gyanchand Jain 3. Shri Nagendra Jain S/o Gyanchand Jain, Aged About 62 Years, Plot No. 7, H. No. 11/8, Kiran Battery, Khailand Market P.r. Marg, Ajmer (Raj.) 4. Sobhagya Goyal, D/o Bhanwarlal Ji 5. Gopal Prakash S/o Bhanwarlal Ji, Both R/o H. No. 1075/19, Hindu Mochi Mohalla, Ghaseti, Ajmer (Raj.) ----Respondents For Petitioner(s) : Ms. Meenal Bhargav on behalf of Mr. Abhi Goyal For Respondent(s) : Mr. Harshit Mittal on behalf of Mr. Ridhvick Dosi HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 06/01/2026 1. With the consent of learned counsel appearing for both the parties, the matter is heard finally. 2. The present writ petition has been filed assailing the order dated 04.09.2023, whereby the Rent Appellate Tribunal stayed the operation of the eviction certificate, subject to the payment of mesne profits at the rate of Rs. 15,000/-, by the respondent from the date of filing of the appeal. [2026:RJ-JP:196] (2 of 2) [CW-14972/2024] 3. Learned counsel for the petitioner submits that the learned First Appellate Court has committed an illegality in passing the impugned order by directing payment from the date of filing of the appeal. He further contends that the mesne profits ought to have been directed from the date of passing of the decree. 4. Per contra, learned counsel for the respondent submits that the eviction certificate was granted on 11.04.2022, wherein six months’ time was granted to vacate the premises, and if he fails to vacate the premises within six months, then mesne profits of Rs. 15,000/- was ordered to be paid. 5. He further submits that the six months period expired on 11.10.2022, whereas the Learned Rent Appellate Tribunal had already directed payment of mesne profits from the date of filing of the appeal, i.e., 04.06.2022, therefore, the order passed by the Learned Rent Appellate Tribunal is justified. 6. Heard learned counsel appearing for the parties. 7. This Court finds that for the initial six months, no mesne profits at the rate of thrice the rent were payable as per the order dated 11.04.2022. Therefore, the order passed by the Learned Rent Appellate Tribunal directing payment of mesne profits from the date of filing of the appeal, i.e., 04.06.2022, does not require any interference by this Court. 8. The writ petition is accordingly, dismissed. 9. Pending application(s), if any, shall stand disposed of. (BIPIN GUPTA),J PARSHANT /51