Rajasthan High Court – Jaipur
Purushottamdas S/O Nanagram vs Sanjay Kumar Jain S/O Late Shri … on 30 January, 2025
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
[2025:RJ-JP:4163]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 18640/2024
Purushottamdas S/o Nanagram, Aged About 75 Years, Shop
Shubham Jewllers, Near Bada Kua, Tonk (Rajasthan)
----Appellant/Non-Applicant/Tenant/Petitioner
Versus
Sanjay Kumar Jain S/o Late Shri Gambhirmal Jain, Aged About
45 Years, R/o- Bada Takhta, Tonk (Rajasthan)
----Non-Appellant/Applicant/Landlord/Respondent
For Petitioner(s) : Mr. L.L. Gupta with
Mr. Lakshaya Sharma
For Respondent(s) : Mr. Praveen Kumar Jain
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Judgment / Order
30/01/2025
Learned counsel appearing for the petitioner, on instructions,
does not press the writ petition on merits and prays for a reasonable
time (upto 31.07.2026) 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 Rs.5000/- per month
by way of mesne profit.
This is not objected by the learned counsel for the petitioner.
In the aforesaid circumstance, the writ petition is dismissed as
not pressed. The petitioner is granted time upto 31.07.2026 to hand
over vacant and peaceful possession of the rented premises to the
respondent subject to following conditions:-
1. The entire arrears of rent/mesne profit till date,
shall be deposited by the petitioner in the bank account(Downloaded on 30/01/2025 at 10:36:33 PM)
[2025:RJ-JP:4163] (2 of 2) [CW-18640/2024]of respondent within a period of four weeks from the
date of the order.
2. The petitioner shall pay a sum of ₹5000/- per
month towards mesne profit to the respondent from
01.02.2025 till vacation of the rented premises i.e. on or
before 31.07.2026, which may be deposited by him in
the bank account of the respondent by 10 th day of each
succeeding month.
3. The petitioner further undertakes that he 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 petitioner shall furnish a written undertaking
incorporating aforesaid conditions before the learned
Rent Tribunal within a period of four weeks from today.
It is made clear that in case, petitioner does not comply with
any of aforesaid conditions, the learned Rent Tribunal shall ensure his
eviction without requiring respondent to file a separate execution
petition even before aforesaid date and it will also be open for
respondent to initiate contempt proceedings in this Court.
Pending application(s), if any, also stands disposed of.
(MAHENDAR KUMAR GOYAL),J
Manish/14
(Downloaded on 30/01/2025 at 10:36:33 PM)
Powered by TCPDF (www.tcpdf.org)