Manoj Kumar vs Sitaram Pitti (Agarwal) ...
2025 Latest Caselaw 8373 Raj

Rajasthan High Court - Jodhpur

Manoj Kumar vs Sitaram Pitti (Agarwal) ... on 6 March, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:12709]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 5303/2025

Manoj Kumar S/o Lt. Prakashchand, Aged About 45 Years, R/o
Asaniyo Ka Chowk, Bikaner, Rajasthan.
                                                                   ----Petitioner
                                    Versus
Sitaram Pitti (Agarwal) S/o Murlidhar, R/o Supari Bazar, Front Of
Ramdev Ji Temple, Bikaner.
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Virendra Acharya.
For Respondent(s)         :     Mr. Jai Kishan Bhaiya.



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

06/03/2025

1. Heard learned counsel for the parties.

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

dated 01.04.2023 (Annex.4) passed by the Rent Tribunal, Bikaner

and the judgment dated 17.01.2025 (Annex.6) passed by the Rent

Appellate Tribunal, Bikaner.

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

the mesne profits along with the entire arrears of rent as directed

by learned trial Court on or before 31.07.2025 and, thereafter, he

will continue to pay the monthly rent. He also submits that the

[2025:RJ-JD:12709] (2 of 3) [CW-5303/2025]

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 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. 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 01.04.2023 (Annex.4) passed by

the Rent Tribunal, Bikaner and the judgment dated 17.01.2025

(Annex.6) passed by the Rent Appellate Tribunal, Bikaner 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 30.07.2026. The petitioner is further directed to pay

the mesne profits along with the arrears of rent as directed by

learned trial Court on or before 31.07.2025 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.

8. 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

[2025:RJ-JD:12709] (3 of 3) [CW-5303/2025]

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 115-Shahenshah/-

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