Ashish Gupta S/O Late Shri Suresh Chand vs Meena Jayaswal W/O Shri Bhagwan Sahai ...
2024 Latest Caselaw 1248 Raj/2

Citation : 2024 Latest Caselaw 1248 Raj/2
Judgement Date : 20 February, 2024

Rajasthan High Court

Ashish Gupta S/O Late Shri Suresh Chand vs Meena Jayaswal W/O Shri Bhagwan Sahai ... on 20 February, 2024

Author: Mahendar Kumar Goyal

Bench: Mahendar Kumar Goyal

[2024:RJ-JP:8624]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                    S.B. Civil Writ Petition No. 17150/2023

Ashish Gupta S/o Late Shri Suresh Chand, Aged About 40 Years,
R/o Budh Ki Hat, Bharatpur
                                         ----Petitioner/Non-Applicant/Tenant
                                        Versus
Meena Jayaswal W/o Shri Bhagwan Sahai, R/o Dahi Wali Gali,
Bharatpur (Raj.)
                                          ----Respondent/Applicant/Landlord


For Petitioner(s)             :     Mr. J.K. Moolchandani
For Respondent(s)             :     Mr. R.K. Daga



       HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

                              Judgment / Order

20/02/2024

      Learned counsel appearing for the petitioner, on instructions,

does not press the writ petition on merits and prays for a

reasonable time (upto 30.09.2025) to vacate the premises.

      Learned counsel appearing for the respondent has no

objection to the prayer made; however, he submits that the

petitioner may be granted time subject to payment of a sum of

₹2,500/- per month by way of mesne profit.

      This is not objected to 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 30.09.2025 to

handover vacant and peaceful possession of the rented premises

to the respondent subject to following conditions:-

[2024:RJ-JP:8624] (2 of 2) [CW-17150/2023]

1. The entire arrears of rent/mesne profit till date, shall be deposited by the petitioner in the bank account of respondent within a period of one month from the date of the order.

2. The petitioner shall continue to pay a sum of ₹2,500/- per month towards mesne profit to the respondent w.e.f. 01.03.2024 till vacation of the rented premises i.e. 30.09.2025, which may be deposited by him in the bank account of the respondents by 10th 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 Rent Tribunal within a period of four weeks from today.

It is made clear that in case, the petitioner does not comply

with any of aforesaid conditions, then the Rent Tribunal shall

ensure his eviction without requiring respondent to file separate

execution petition even before aforesaid date and it will be open

for respondent to initiate contempt proceedings in this Court.

The stay application also stands disposed of accordingly.

(MAHENDAR KUMAR GOYAL),J

Manish/168