Rajasthan High Court - Jodhpur
Punamchand Alias Madhusudan vs Kamalchand (2025:Rj-Jd:10960) on 25 February, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:10960]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17425/2024
Punamchand Alias Madhusudan S/o Chainsukhdas, Aged About
78 Years, Resident Of Farsolai Talai, Near Mahadev Mandir, Inside
Nathusar Gate, Bikaner.
----Petitioner
Versus
1. Kamalchand S/o Late Sh. Hajarimal Buccha, Resident Of
Marothi Sethiyo Ka Mohalla, Bikaner.
2. Vimalchand Buchha S/o Late Sh. Hajarimal Buccha,
Resident Of Marothi Sethiyo Ka Mohalla, Bikaner.
3. Smt. Leela Devi D/o Late Sh. Hajarimal Buccha, Wife Of
Sh. Dulichand Chached, Resident Of Near Jain Mandir,
Kalubas, Shri Dungargarh, District Bikaner.
----Respondents
For Petitioner(s) : Mr. J.K. Bhaiya with
Mr. Mayank Bhaiya
For Respondent(s) : Mr. Virendra Acharya
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
25/02/2025
1. Learned counsel for the petitioner submits that he does not
want to press the present writ petition against the respondent
No.2-Vimalchand Buchha, who has passed away during the
pendency of the writ proceedings.
2. Accordingly, the writ petition is dismissed as not pressed qua
respondent No.2-Vimalchand Buchha.
3. Heard learned counsel for the parties.
4. The present writ petition has been filed against the judgment
dated 22.02.2019 (Annex.7) passed by the Rent Tribunal, Bikaner
[2025:RJ-JD:10960] (2 of 3) [CW-17425/2024]
and the judgment dated 19.09.2024 (Annex.9) passed by the Rent
Appellate Tribunal, Bikaner.
5. Learned counsel for the petitioner instead of assailing the
validity of the orders and without joining the issues on merit
submits that the petitioner is ready and willing to hand over
vacant and peaceful possession of the rented premises to the
respondents, provided that a reasonable time is granted to do so.
Learned counsel further submits that the petitioner is ready to pay
the mesne profits along with the entire arrears of rent on or
before 30.06.2025 and, thereafter, he will continue to pay the
monthly rent. He also submits that the petitioner will furnish an
undertaking to this effect before the Rent Tribunal.
6. Learned counsel for the respondents 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
Tribunal to the effect that she will hand over the peaceful and
vacant possession of the shop in question on or before the date so
fixed by this Court.
7. I have considered the submissions made at the Bar and have
gone through the relevant record of the case.
8. Since, the petitioner is not joining the issues on merit,
therefore, the judgment dated 22.02.2019 (Annex.7) passed by
the Rent Tribunal, Bikaner and the judgment dated 19.09.2024
(Annex.9) passed by the Rent Appellate Tribunal, Bikaner are not
interfered with and are upheld.
9. In view of the submission made by the counsel for the
petitioner, the petitioner is directed to hand over the vacant and
peaceful possession of the rented premises to the respondents on
[2025:RJ-JD:10960] (3 of 3) [CW-17425/2024]
or before 30.07.2026. The petitioner is further directed to pay
the mesne profits along with the arrears of rent on or before
30.06.2025 and, thereafter, he will continue to pay the monthly
rent as agreed between both the parties. The petitioner shall also
file an undertaking to that effect before the Rent Tribunal.
10. It is made clear that in case the order passed by this Court is
not complied with by the petitioner, the respondents will be free to
take appropriate proceedings including the filing of contempt
before this Court for non-compliance of the undertaking given by
the petitioner before this Court.
11. The writ petition is disposed of in the above terms. The stay
petition and other pending applications, if any, shall also stand
disposed of accordingly.
(VINIT KUMAR MATHUR),J
42-Payal/-
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