Vimal Suthar vs Jai Prakash (2025:Rj-Jd:799)
2025 Latest Caselaw 3859 Raj

Rajasthan High Court - Jodhpur

Vimal Suthar vs Jai Prakash (2025:Rj-Jd:799) on 7 January, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:799]                        (1 of 2)                      [CW-18417/2024]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Writ Petition No. 18417/2024

Vimal Suthar S/o Jhanwar Lal Suthar, Aged About 39 Years, R/o
Prince Studio, Opposite Head Office, Gajner Road, Bikaner.
                                                                      ----Petitioner
                                       Versus
Jai Prakash S/o Asha Ram, R/o 6-D-5, Pawanpuri, Bikaner.
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Virendra Acharya
For Respondent(s)            :     Mr. Nrapen Shanker Acharya
                                   Mr. Surendra Thanvi


         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order 07/01/2025

1. Heard learned counsel for the parties.

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

dated 10.12.2018 (Annex.4) passed by the Rent Tribunal, Bikaner

in Civil Regular Case No.49/2015, whereby, the learned Rent

Tribunal had allowed the application filed by the respondents as

well as against the judgment dated 14.08.2024 (Annex.6) passed

by the Appellate Rent Tribunal, Bikaner in Civil Regular Appeal

No.06/2019, whereby, the Appellate Rent Tribunal, Bikaner has

affirmed the judgment dated 10.12.2018.

3. Learned counsel for the petitioner instead of pressing the

present writ petition on merit submits that the property in

question is a shop and the petitioner is having the shop in

operation since the year 2000. He, therefore, prays that a

reasonable time may be granted to the petitioner for handing over

the peaceful and vacant possession of the shop in question to the

respondent.

[2025:RJ-JD:799] (2 of 2) [CW-18417/2024]

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

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, 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 (shop) to the respondent landlord on or before

31.03.2026. The order dated 10.12.2018 (Annex.4) passed by

the Rent Tribunal, Bikaner and the judgment dated 14.08.2024

(Annex.6) passed by the Appellate Rent Tribunal, Bikaner are not

interfered with.

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

along with the arrears of rent on or before 31.03.2025 and,

thereafter, he will continue to pay the rent of the shop 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 35-/Arun Pandey/-

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