Girdhari vs Mahesh Kumar (2025:Rj-Jd:17323)
2025 Latest Caselaw 11041 Raj

Rajasthan High Court - Jodhpur

Girdhari vs Mahesh Kumar (2025:Rj-Jd:17323) on 3 April, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:17323]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
                S.B. Civil Writ Petition No. 13718/2024

Girdhari S/o Kojraj, Aged About 68 Years, Pansari Bazar, Tehsil
And District Jaisalmer (Raj.)
                                                                      ----Petitioner
                                     Versus
Mahesh Kumar S/o Late Premratan Vyas, Presently 146, Tulsi
Nagar, Near Kali Mata Temple, Nagpur (Maharashtra)
                                                                    ----Respondent


For Petitioner(s)           :    Mr. Rajesh Choudhary
For Respondent(s)           :    Mr. Rahul Vyas



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

03/04/2025

1. Heard learned counsel for the parties.

2. The present writ petition has been filed against the judgment

dated 21.05.2024 (Annex.5) passed by the Appellate Rent

Tribunal, Jaisalmer in Civil Appeal No.01/2023, whereby, the

Appellate Rent Tribunal, Jaisalmer has quashed the judgment

dated 02.02.2023 (Annex.4) passed by the Rent Tribunal,

Jaisalmer in Rent Petition No.08/2018, wherein, the rent petition

filed by the respondent was rejected.

3. Learned counsel for the petitioner instead of pressing the

present writ petition on merit prays that a reasonable time may be

granted to the petitioner for handing over the peaceful and vacant

possession of the premises in question to the respondent.

4. Learned counsel for the respondent does not object to the

submission made by the counsel for the petitioner and submits

that the petitioner should file an undertaking before the Rent

[2025:RJ-JD:17323] (2 of 2) [CW-13718/2024]

Tribunal to the effect that he will hand over the peaceful and

vacant possession of the shop in question on or before the date so

fixed by this Court.

5. Considering the submissions made at the Bar and without

interfering with the findings recorded in the judgment dated

21.05.2024 (Annex.5) passed by the Appellate Rent Tribunal,

Jaisalmer, the present writ petition is disposed of with a direction

to the petitioner to file an undertaking before the Executing Court

to the effect that he will hand over vacant and peaceful possession

of the rented premises to the respondent landlord on or before

31.07.2026.

6. It is also ordered that the petitioner shall pay mesne profits

along with the arrears of rent on or before 31.07.2025 and,

thereafter, he will continue to pay the rent of the premises to the

respondent-Landlord as per the Act of 2005.

7. It is also made clear that the petitioner shall not undertake

any material changes in the shop in question.

8. It is further ordered that if the undertaking furnished by the

petitioner before the Executing Court is not adhered to, the

respondent landlord will be free to take appropriate measures

including filing of Contempt Petition before this court.

(VINIT KUMAR MATHUR),J 45-/Arun Pandey/-

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