Citation : 2025 Latest Caselaw 14076 Raj
Judgement Date : 9 October, 2025
[2025:RJ-JD:44412]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17458/2025
Devi Singh S/o Shri Ganpat Singh, Aged About 63 Years, R/o
Bishnoi Dharamshala Ke Pas, Public Park, Bikaner.
----Petitioner
Versus
1. Virendra Singh S/o Harpreet Singh, R/o Ganguwala, Tehsil
Padampur, District Shriganganagar.
2. Chhindar Singh S/o Surjan Singh, R/o Kaliya, Tehsil and
District Shriganganagar.
3. Gurmeet Singh S/o Gurpratap Singh, R/o Chuk 3, E-
Chhoti, Tehsil And District Shriganganagar.
4. Jagnandan Singh S/o Gajan Singh, R/o Chak 9 J- Chhoti,
Tehsil And District Shriganganagar.
5. Manindar Singh Man S/o Gurpratap Singh, R/o Chak 3 E-
Chhoti, Tehsil And District Shriganganagar.
6. Vikram Singh S/o Heer Singh, R/o Hotel Palace View,
Lalgarh Palace Parisar, Bikaner.
----Respondents
For Petitioner(s) : Mr. Virendra Acharya
For Respondent(s) : Mr. Nishank Madhan
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
09/10/2025
1. Heard learned counsel for the parties.
2. The present writ petition has been filed against the judgment
dated 02.09.2023 (Annex.1) passed by the Rent Tribunal, Bikaner
in Civil Regular Case No.195/2015, old case no. 81/2007, whereby
the learned Rent Tribunal had allowed the eviction petition filed by
the respondent as well as against the judgment dated 03.06.2025
(Annex.2) passed by the Appellate Rent Tribunal, Bikaner in Civil
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[2025:RJ-JD:44412] (2 of 3) [CW-17458/2025]
Regular Appeal Decree No.64/2023, whereby, the Appellate Rent
Tribunal, Bikaner has affirmed the judgment dated 02.09.2023.
3. Learned counsel for the petitioner instead of pressing the
present writ petition on merit submits that the property in
question is premises and the petitioner has been operating the
premises for more that 30 years. He, therefore, prays that a
reasonable time may be granted to the petitioner for handing over
the peaceful and vacant possession of the premises in question to
the respondent.
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 they will hand over the peaceful and
vacant possession of the premises 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 they
will hand over vacant and peaceful possession of the rented
premises to the respondent landlord on or before 29.04.2027. The
order dated 02.09.2023 (Annex.1) passed by the Rent Tribunal,
Bikaner and the judgment dated 03.06.2025 passed by the
Appellate Rent Tribunal, Bikaner are not interfered with.
6. It is also ordered that the petitioner shall pay 5000/- Rs. Per
month rent, regularly along with the due arrears of rent on or
before 29.11.2025 and, thereafter, they will continue to pay the
rent of the premises to the respondents-landlord as agreed before
this Hon'ble Court.
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[2025:RJ-JD:44412] (3 of 3) [CW-17458/2025]
7. It is also made clear that the petitioner shall not undertake
any material changes in the premises in question.
8. It is further ordered that if the undertaking furnished by the
petitioner before the Executing Court is not adhered to, the
respondents landlord will be free to take appropriate measures
including filling of Contempt Petition before this Court.
(CHANDRA SHEKHAR SHARMA),J 39-Vishal/-
(Uploaded on 10/10/2025 at 11:35:07 AM)
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