Mohan Lal Son Of Late Shri Parasram vs Smt. Bhavna Rajvanshi W/O Shri Navneet ...
2024 Latest Caselaw 3891 Raj/2

Citation : 2024 Latest Caselaw 3891 Raj/2
Judgement Date : 10 May, 2024

Rajasthan High Court

Mohan Lal Son Of Late Shri Parasram vs Smt. Bhavna Rajvanshi W/O Shri Navneet ... on 10 May, 2024

Author: Mahendar Kumar Goyal

Bench: Mahendar Kumar Goyal

[2024:RJ-JP:22252]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 5271/2024

Mohan Lal Son Of Late Shri Parasram, Aged About 48 Years, R/o
3617, Moti Singh, Bhomiyon Ka Rasta, Johri Bazar, Jaipur.
                                            ----Petitioner/Appellant/Tenant
                                    Versus
1.       Smt. Bhavna Rajvanshi W/o Shri Navneet Rajvanshi,
         Aged About 51 Years, R/o 766, Jhawar Nagar Road,
         Barafkhane Ke Pass, Jaipur.
                                                         Respondent/Petitioner
2.       Madav Das Son Of Late Shri Parasram, R/o Flat No. 490,
         Jawahar Nagar, Jaipur.
                                           ----Respondent/Defendant No.2


For Petitioner(s)         :     Mr. Anurag Shukla
For Respondent(s)         :     Mr. Sikander Ali Chopdar



       HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

                          Judgment / Order

10/05/2024

      Learned counsel appearing for the petitioner, on instructions,

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

time (upto 31.05.2027) to vacate the premises.

      Learned counsel appearing for the respondent(s) 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.15,000/- 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 31.05.2027 to hand

over vacant and peaceful possession of the rented premises to the

respondent(s) subject to following conditions:-

[2024:RJ-JP:22252] (2 of 2) [CW-5271/2024]

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

2. The petitioner shall pay a sum of ₹15,000/- per month towards mesne profit to the respondent(s) from 01.06.2024 till vacation of the rented premises i.e. on or before 31.05.2027, which may be deposited by him in the bank account of the respondent(s) 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 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(s) to initiate contempt proceedings in this Court.

The stay application also stands disposed of.

(MAHENDAR KUMAR GOYAL),J

Manish/22