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2025 Supreme(RAJ) 479

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE MAHENDAR KUMAR GOYAL, J
BHAGIRATH SINGH SON KALYAN SINGH RANAN – Appellant
Versus
M/S ADITYA BUILDERS – Respondent
CW / 28 / 2025



Advocates:
For Petitioner(s):Mr. Ramesh Chandra Kumawat For Respondent(s): Mr. Vijay Kumar Jangid

The court upheld the conditions for eviction and payment of mesne profits, emphasizing compliance to avoid immediate eviction.

Headnote:(A) Rent Control Act - Conditions of eviction and payment of mesne profits - Petitioner does not press the writ petition on merits and seeks time until 31.07.2026 to vacate the premises, subject to payment of Rs.2,000/- per month as mesne profit - The court dismisses the writ petition as not pressed and grants time for compliance with conditions. (Paras 1-4)

(B) Compliance and Consequences - The petitioner must deposit arrears of rent within four weeks and pay monthly mesne profits, failing which eviction will be ensured without a separate execution petition. (Paras 5-6)

Facts of the case:
The petitioner sought time to vacate rented premises, agreeing to pay monthly mesne profits to the respondents and to not create third-party interests in the property.

Findings of Court:
The court dismissed the writ petition, granting time for the petitioner to vacate the premises under specific conditions.

Issues: The main issue was the petitioner’s request for time to vacate and the conditions for doing so.

Ratio Decidendi: The court emphasized the necessity of compliance with the conditions for the extension of time to vacate, highlighting that non-compliance would lead to immediate eviction.

Result: Writ petition dismissed as not pressed.

Judgment :

1. Learned counsel appearing for the petitioner, on instructions, does not press the writ petition on merits and prays for a reasonable time (upto 31.07.2026) to vacate the premises.

2. Learned counsel appearing for the respondents has no objection to the prayer made; he, however, submits that the petitioner may be granted time subject to payment of a sum of Rs.2,000/- per month by way of mesne profit.

3. This is not objected by the learned counsel for the petitioner.

4. In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioner is granted time upto 31.07.2026 to hand over vacant and peaceful possession of the rented premises to the respondents subject to following conditions:-

1. The entire arrears of rent/mesne profit till date, shall be deposited by the petitioner in the bank account of respondents within a period of four weeks from the date of the order.

2. The petitioner shall pay a sum of ₹2,000/- per month towards mesne profit to the respondents from 01.03.2025 till vacation of the rented premises i.e. on or before 31.07.2026, which may be deposited by him in the bank account of the respondents by 10th day of each succeeding month.

3. The petitioner further undertakes that he shall not sub-let, assign or part with possession of rented premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period.

4. The petitioner shall furnish a written undertaking incorporating aforesaid conditions before the learned Rent Tribunal within a period of four weeks from today.

5. It is made clear that in case, petitioner does not comply with any of aforesaid conditions, the learned Rent Tribunal shall ensure his eviction without requiring respondents to file a separate execution petition even before aforesaid date and it will also be open for respondents to initiate contempt proceedings in this Court.

6. Pending application(s), if any, also stands disposed of.

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