Smt. Santosh vs Smt Kamlesh Sharma (2025:Rj-Jd:4293)
2025 Latest Caselaw 5245 Raj

Rajasthan High Court - Jodhpur

Smt. Santosh vs Smt Kamlesh Sharma (2025:Rj-Jd:4293) on 23 January, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:4293]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                S.B. Civil Writ Petition No. 19590/2024

Smt. Santosh W/o Shri Dhiraj Kumar, Aged About 50 Years, R/o
6 G, Hanuman Nager Sri Ganganager, District Sri Ganganager
                                                                    ----Petitioner
                                    Versus
1.       Smt Kamlesh Sharma W/o Late Shri Babu Ram Sharma,
         R/o 49 D Block, Sri Ganganager, Sri Ganganager (Since
         Deceased) Through Her Legal Heirs :-
1/1.     Smt. Manjulata Sharma W/o Shri Anil Kumar, D/o Late
         Shri Babu Ram Sharma,
1/2.     Shiva Gour S/o Late Shri Babu Ram Sharma,
         Both are R/o 49 D Block, Sri Ganganager, Sri Ganganager.
                                                                 ----Respondents


For Petitioner(s)         :     Ms. Sangeeta Mittal
For Respondent(s)         :     Mr. Dron Kaushik



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

23/01/2025

1. Heard learned counsel for the parties.

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

dated 06.03.2019 (Annex.5) passed by the Rent Tribunal, Sri

Ganganager and the judgment dated 15.10.2024 (Annex.7)

passed by the Rent Appellate Tribunal, Sri Ganganager.

3. 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

respondent, provided that a reasonable time is granted to do so.

Learned counsel further submits that the petitioner is ready to pay

[2025:RJ-JD:4293] (2 of 3) [CW-19590/2024]

the mesne profits along with the entire arrears of rent on or

before 31.07.2025 and, thereafter, she will continue to pay the

monthly rent. He also submits that the petitioner will furnish an

undertaking to this effect before the Rent Tribunal.

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 she will hand over the peaceful and

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

fixed by this Court.

5. I have considered the submissions made at the Bar and have

gone through the relevant record of the case.

6. Since the petitioner is not joining the issues on merit,

therefore, the judgment dated 06.03.2019 (Annex.5) passed by

the Rent Tribunal, Sri Ganganager and the judgment dated

15.10.2024 (Annex.7) passed by the Rent Appellate Tribunal, Sri

Ganganager are not interfered with and are upheld.

7. 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 respondent on

or before 30.05.2026. The petitioner is further directed to pay

the mesne profits along with the arrears of rent on or before

31.07.2025 and, thereafter, she 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.

8. 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 including the filing of contempt

[2025:RJ-JD:4293] (3 of 3) [CW-19590/2024]

before this Court for non-compliance of the undertaking given by

the petitioner before this Court.

9. 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 51-/Arun Pandey/-

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