Rajasthan High Court - Jodhpur
Shri Vishnu Dutta vs Mst. Durgesh Kanwar ... on 18 August, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:36748]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15515/2025
Shri Vishnu Dutta S/o Motilal, Aged About 50 Years, Resident Of
Mohalla Near Kesardesar Well, Bikaner (Rajasthan)
----Petitioner
Versus
Mst. Durgesh Kanwar, Resident Of In Front Of Kachhawaha Ice
Factory, Shaikhon Ka Mohalla, Gajner Road, Bikaner (Rajasthan)
----Respondent
For Petitioner(s) : Mr. Suresh Shrimali
Mr. Rishabh Shrimali
For Respondent(s) : -
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
18/08/2025
1. By way of filing the present writ petition under Article 226
and 227 of the Constitution of India, the petitioner has prayed for
the following reliefs:-
"It is, therefore, prayed that this writ petition may kindly
be allowed and the following reliefs may kindly be granted
to the petitioners:
a. That by an appropriate writ order or direction, the
impugned order Annexure/2 dated 10.7.2025 passed by
the learned Rent Appellate Tribunal in Rent Appeal No. 19
of 2022 may kindly be set aside and quashed;
b. That by an appropriate writ, order or direction, the
application filed by the petitioner under O.VI,r.07 CPC for
amendment of written statement may kindly be allowed
with costs.
c. That by an appropriate writ order or direction, the
impugned Eviction Certificate and Judgment dated
19.07.2025 (Annx-4) in Rent Appeal No.19 of 2022
affirming the Eviction Certificate and Judgment dated
18.05.2022 (Аппх-1) passed by the learned Rent Tribunal
in Rent Petition No. 144 of 2016 may kindly be set aside
and quashed.
d. That any other order, which is deemed proper in the
facts and circumstances of the case may also be passed in
favour of the petitioners.
e. Costs of this writ petition may kindly be awarded to the
plaintiff-petitioners."
2. Learned counsel for the petitioner instead of assailing the validity
of the impugned orders dated 10.07.2025 passed by the learned Rent
Appellate Tribunal, Bikaner in Rent Appeal No.19/2022 and order dated
[2025:RJ-JD:36748] (2 of 2) [CW-15515/2025]
18.05.2025 passed by the learned Rent Tribunal, Bikaner in Rent
Petition No.144/2016 on merits, submitted that the petitioner is ready
and willing to handover vacant and peaceful possession of the rented
premises to the respondent- Mst. Durgesh Kanwar, provided that a
reasonable time is granted to do so.
3. This Court, keeping in view the fact that the petitioner is tenant of
the shop in question since the year 1992 and has shown his willingness
to handover vacant and peaceful possession of the rented premises to
the respondent, provided he is given reasonable time to do so, without
issuing notices to the respondent- Mst. Durgesh Kanwar deems it just
and appropriate to dispose of the present writ petition with the following
directions:-
a) The petitioner will handover the vacant and peaceful
possession of the rented premises to the respondent on or
before 01.08.2027.
b) The petitioner will pay the mesne profit along with arrears
of the rent, if any to the respondent on or before 01.12.2025.
c) The petitioner will continue to pay the monthly rent as
agreed between both the parties.
d) The petitioner shall file an undertaking before Rent
Tribunal, Bikaner within one month from this order indicating his
intention to vacant the rented premises on or before
01.08.2027.
4. It is made clear that in case the order passed by this Court is not
complied with by the petitioner, the respondent will be free to take
appropriate proceedings for vacation of the rented premises.
5. With the aforesaid directions, the present writ petition as
well as stay application stand disposed of.
(KULDEEP MATHUR),J
35-divya/-
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