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2026 DAILYLAW 20008 (RAJ)

MUSMAAT AYESHA BANO v. RAJESH

CW/18887/2025 · 2026-01-16

Bipin Gupta

body2026

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18887/2025 1. Musmaat Ayesha Bano, W/o Late Roshan Khan. 2. Farukh Husain S/o Late Roshan Khan, Resident Of Village Kirdoli, Tehsil Dhod, District Sikar. ----Petitioners Versus 1. Rajesh, S/o Late Kaushal Kishor 2. Sunil, S/o Late Kaushal Kishor 3. Amit, S/o Late Kaushal Kishor 4. Anand S/o Late Ashok, Residents Of Pikal Brothers Bus Stand Se Idgah Chouraha Pr Jane Wale Raste Par, Sikar, Tehsil And District Sikar. 5. Hasan S/o Raheem Khan, Resident Of Kirdoli, Tehsil Dhod, District Sikar. 6. Mohammad Javed, S/o Late Roshan Khan 7. Taj Mohammad S/o Late Roshan Khan, Resident Of Village Kirdoli, Tehsil Dhod, District Sikar. ----Respondents For Petitioner(s) : Mr. Vikash Kumar Dhakar Ms. Sangeeta Kumari Sharma For Respondent(s) : Mr. Kamal Kumar Mathur HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 16/01/2026 1. The present writ petition is not being pressed by learned counsel for the petitioners with a prayer that if some reasonable time is granted to them to vacate the premises. 2. Learned counsel for the respondents, upon instructions from his client, submits that he has no objection if the time prayed for by the petitioners, to vacate the tenanted premises, is granted. (2 of 2) [CW-18887/2025] 3. On consent of the parties, petitioners are granted two years’ time to vacate the premises. On the following consented terms: (i). The petitioners will vacate the premises on or before 31.01.2028. (ii). The petitioners shall pay all the arrears of the rent as per the decree within a period of four weeks. (iii). Petitioners undertakes to pay mesne profit @ Rs.1000/- per month from 01.02.2026. (iv). Petitioners are directed to file an undertaking before the learned Rent Tribunal, to the effect that they will vacate the premises, on or before 31.01.2028 and further to the effect that they will continue to pay the mesne profit @ Rs.1000/-, per month till vacation of the premises and further they 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 petitioners by 15th day of the succeeding month. If they make default for three consecutive months in payment of the mesne profit, then the respondents shall be entitled to execution of decree. (vi). If the order passed by this Court is not complied with by the petitioners, then they 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), if any, also stand disposed of. (BIPIN GUPTA),J PARSHANT /97