[2025:RJ-JD:20808]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14489/2024 Goverdhanlal S/o Pratapsingh Hada, Aged About 75 Years, R/o Malik Bhairav Tea Stall Near Sangam Medical Store Mahatma Gandhi Hospital Road, Bhilwara.

----Petitioner Versus Smt. Madhu Bala Bach (Sharma) W/o Shri Mahesh Chandra Bach, R/o Near Mahatma Gandhi Hospital, Bhilwara And A-43 Vijay Singh Pathik Nagar, Bhilwara.

----Respondent For Petitioner(s) : Mr. Darshan Jain For Respondent(s) : Mr. Gaurav Choudhary for Mr.

Muktesh Maheshwari JUSTICE DINESH MEHTA

Order

01/05/2025

1. The present writ petition has been filed by the petitioner- tenant against the judgment dated 19.07.2024 (Annexure-19) passed by the learned Appellate Rent Tribunal, Bhilwara in Rent Appeal No.07/2017, whereby the appeal filed by the respondent has been allowed and the judgment dated 25.11.2016 passed by the Rent Tribunal, Bhilwara (hereinafter referred to as the ‘trial Court’) in Rent Tribunal Case No.38/2013 rejecting the application filed by the applicant-respondent under Section 9 of the Rajasthan Rent Control Act, 2001 has been overturned.

2. Learned counsel for the petitioner instead of arguing the petition on merit, has confined his prayer to the extent of granting time to vacate the rented premises.

3. The writ petition, thus, stands dismissed as withdrawn, while granting time to the petitioner to vacate the rented premise by

31.12.2026, on the following conditions:-

(i) The petitioner shall personally submit an undertaking supported by his affidavit before the trial Court to the effect that on or before 31.12.2026, he shall hand over peaceful and vacant possession of the rented premise to the respondent. He shall also undertake neither to cause any damage to the subject premise, nor to make any alteration and not to assign, subject or in any manner part with possession to any other person and not to put the premise to any use other than the present use and not to cause any nuisance.

(ii) The arrears of rent/mesne profit from

25.12.2016 to 31.03.2025 shall be cleared within a period of three months from today.

(iii) The petitioner shall pay mesne profit of ₹3,000/-

per month from 01.04.2025 on or before 7^th day of each month in the bank account of the respondent (details of which shall be supplied by the respondent to the petitioner) till the vacant possession of the suit property is handed over i.e. by 31.12.2026. First such payment shall be made on or before 07.05.2025.

4. It is made clear that upon petitioner’s failure to comply with any of the conditions aforesaid or violating any terms of the undertaking, the respondent shall be entitled to execute the judgment passed by the Appellate Rent Tribunal forthwith, besides initiating proceedings for contempt of Court, in accordance with law.

5. No order as to costs.

6. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

479-raksha/-