Rajasthan High Court - Jodhpur
Smt. Nirmala vs Lrs. Of Smt. Anusuiya Tak ... on 11 September, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:40637]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17246/2025
1. Smt. Nirmala W/o Lt. Sh. Jasraj Ji, Aged About 74 Years,
R/o Bag Hospital, Behind Anand Cinema, Beriyo Ka
Mohallah, Outside Sojati Gate, Jodhpur, Dist. Jodhpur
(Raj.).
2. Lalit S/o Lt. Sh. Jasraj Ji, Aged About 54 Years, R/o Bag
Hospital, Behind Anand Cinema, Beriyo Ka Mohallah,
Outside Sojati Gate, Jodhpur, Dist. Jodhpur (Raj.).
----Petitioners
Versus
1. LRs of Smt. Anusuiya Tak, Through -
1/1. Kishan Tak @ Krishna Tak S/o Lt. Sh. Pannalal Ji Tak,
Residing At Behind Anand Cinema, Sojati Gate, Beriyaan,
Jodhpur (Rajasthan). At Present Jaloriyo Ka Baas, Behind
Gopal Bhawan, Jodhpur.
1/2. Hemant Tak S/o Sh. Kishan Tak, Residing At Behind
Anand Cinema, Sojati Gate, Beriyaan, Jodhpur
(Rajasthan). At Present Jaloriyo Ka Baas, Behind Gopal
Bhawan, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Shankar Singh Rajpurohit
For Respondent(s) : Mr. J.K. Gehlot
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
11/09/2025
1. By way of filing the present writ petition under Article 226 of
the Constitution of India, the petitioners have prayed for the
following reliefs:-
"It is, therefore most respectfully prayed by the petitioner
before your Lordships that; this writ petition filed by the
petitioner-defendant no.02, may kindly be allowed with cost
and;
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[2025:RJ-JD:40637] (2 of 3) [CW-17246/2025]
(A) By an appropriate writ, order or direction, the
impugned Judgment and order dated 07.08.2025 (Annex. 12)
passed by the learned Appellate Rent Tribunal Jodhpur Metro,
in Rent Appeal bearing no. 31/2024 (NCV No.31/2024)
"Smt.Nirmala Vs. Lrs of Smt. Anusuiya"and Judgment and
Order dated 29.08.2024 (Annexure-11), passed by learned
Civil Judge (Rent Tribunal) Jodhpur Metro, in Rent Petition
No. 225/2015 (C.I.S. No.236/2015) (CNR No.
RJJU030004582015) "LRs of Smt.Anusuiya Vs. Smt. Nirmala
& Anr.", may kindly be quashed and setaside."
2. At the outset, learned counsel for the petitioners submitted
that the petitioners are ready and willing to hand over vacant and
peaceful possession of the rented premises to the respondents,
provided that a reasonable time is granted for the same. Learned
counsel submitted that the petitioners are also ready and willing to
pay the entire arrears of the rent and mesne profits, if any, as
directed by learned Tribunal and thereafter, will continue to pay the
monthly rent regularly. He also submitted that the petitioners will
furnish an undertaking to this effect before the Rent Tribunal.
3. Learned counsel for the respondents submitted that since the
petitioners are ready and willing to handover the vacant and
peaceful possession of the rented premises in question, he has no
objection, in case reasonable time to do so is extended to them.
4. Since the petitioners have not joined the issue on merits,
therefore, the impugned judgment dated 7.8.2025 (Annex.12)
passed by the learned Rent Appellate Tribunal, Jodhpur Metro as
well as the impugned judgment dated 29.8.2024 (Annex.11)
passed by the learned Rent Tribunal, Jodhpur Metro are upheld.
5. The present writ petition is disposed of with a direction to the
petitioners to hand over the vacant and peaceful possession of the
rented premises in question (Shop No.1 alongwith Chabutari
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[2025:RJ-JD:40637] (3 of 3) [CW-17246/2025]
located at southern side of western gate of the house of the
respondents situated beside Anand Cinema, Outside Sojati Gate,
Beriyaan Mohalla, Jodhpur) to the respondents on or before
01.10.2027. The petitioners are further directed to pay the arrears
of rent and mesne profits, if any, to the respondents and thereafter
shall continue to pay the monthly rent regularly as agreed between
both the parties. The petitioners shall also file an undertaking
indicating their intention to vacate the rented premises in question
on or before 01.10.2027, within a period of one month from the
date of passing of this order.
6. It is made clear that in case, the order passed by this Court is
not complied with by the petitioners, the respondents will be free to
take appropriate proceedings including filing of execution petition
and contempt petition, against the petitioners.
7. The stay application also stands disposed of.
(KULDEEP MATHUR),J
27-TarunGoyal/-
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