Rajasthan High Court - Jodhpur
M/S Narayandas Narendra Kumar Khatri vs Damodar Lal (2025:Rj-Jd:38593) on 28 August, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:38593]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16212/2025
1. M/s Narayandas Narendra Kumar Khatri, Through
Narendra Kumar Khatri.
2. Narendra Kumar S/o Shri Narayandas, Aged About 47
Years, Through M/s Narayandas Narendra Kumar Khatri,
Aged About 47 Years, R/o Near Satyanarayan Ji Mandir,
Fad Bazar, District - Bikaner (Raj.).
----Petitioners
Versus
Damodar Lal S/o Shri Likmaram, R/o In Front Of Gyanodaya
Library, Pareek Chowk, District - Bikaner (Raj.).
----Respondent
For Petitioner(s) : Mr. Nishank Madhan
For Respondent(s) : Mr. Sandeep Bishnoi.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
28/08/2025
1. By way of filing the present writ petition under Article 226 of
the Constitution of India, the petitioners have prayed for the
following reliefs:-
"It is, therefore, prayed that this writ petition may kindly be
allowed and by appropriate writ, order or direction, the
impugned judgment dated 03.11.2022 (Annex-4) passed by
the Learned Rent Tribunal, Bikaner Case No.14/2006 titled as
[Damodar Lal Vs. M/s Narayandas] and the order dated
22.07.2025 (Annex-6) passed by the learned Appellate Rent
Tribunal, Bikaner in Appeal No.8/2023 titled as [Narayandas
Vs. Damodar Lal] may kindly be quashed and set aside.
Any other relief which this Hon'ble Court deems fit and
proper in the facts and circumstances of this case may kindly
be passed in favour of the petitioner."
2. At the outset, learned counsel for the petitioners submitted
that the petitioners are ready and willing to hand over vacant and
peaceful possession of the rented premises to the respondent,
[2025:RJ-JD:38593] (2 of 3) [CW-16212/2025]
provided that a reasonable time is granted for the same. Learned
counsel submitted that the petitioners are also ready and willing to
pay the entire arrears of the rent, if any, as directed by learned
Tribunal and thereafter, will continue to pay the monthly rent
regularly. He also submitted that the petitioners will furnish an
undertaking to this effect before the Rent Tribunal.
3. Learned counsel for the respondent submitted that since the
petitioners are ready and willing to handover the vacant and
peaceful possession of the rented premises in question, he has no
objection, in case reasonable time to do so is extended to them.
4. Since the petitioners have not joined the issue on merit,
therefore, the impugned judgment dated 03.11.2022 (Annex-4)
passed by the Learned Rent Tribunal, Bikaner and the judgment
dated 22.07.2025 (Annex-6) passed by the learned Appellate Rent
Tribunal, Bikaner are upheld.
5. The present writ petition is disposed of with a direction to the
petitioners to hand over the vacant and peaceful possession of the
rented premises in question to the respondents on or before
01.09.2027. The petitioners are further directed to pay the arrears
of rent, if any, to the respondent and thereafter shall continue to
pay the monthly rent regularly as agreed between both the parties.
The petitioners shall also file an undertaking indicating their
intention to vacate the rented premises in question on or before
01.09.2027, within a period of one month from the date of
passing of this Order.
6. It is made clear that in case, the order passed by this Court is
not complied with by the petitioners, the respondent will be free to
take appropriate proceeding including filing of execution petition
and contempt petition, against the petitioners.
[2025:RJ-JD:38593] (3 of 3) [CW-16212/2025]
7. The writ petition is disposed of in the above terms.
8. The stay application also stands disposed of.
(KULDEEP MATHUR),J
20-himanshu/-
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