[2026:RJ-JP:9988]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1548/2024 Rajendra Sharma Son Of Shri Gyarsilal Sharma, Tenant Shop Pankaj Automobile At S-7, Sethi Colony, Behind Gurudwara Jaipur And Resident Of Acharya Brahmanon Ki Dhani, Kho Nagoriyan Jagatpura Jaipur And Pankaj Automobiles Ramnagariya, S.K.I.T. College, Jagatpura, Jaipur (Raj.)

---Defendant-Petitioner Versus Narayandas Son Of Dharmdas, Resident Of Plot No. 491, Vijay Marg, Adarsh Nagar, Jaipur.

---Plaintiff-Respondent For Petitioner(s) : Mr. O.P. Mishra For Respondent(s) : Ms. Nidhi Sharma HON'BLE MR. JUSTICE BIPIN GUPTA

Judgment / Order

09/03/2026

1. The present writ petition has been filed assailing the order dated 13.12.2023, passed by the learned Rent Tribunal, Jaipur Metropolitan-II, in application No. 595/2023, whereby, due to non-compliance of the order passed under Section 19A of the Rajasthan Rent Control Act, 2001 (hereinafter referred to as the 'Act of 2001'), eviction has been ordered.

2. Learned counsel for the petitioner submits that in compliance of the order passed under Section 19A of the Act of 2001 as well as the order dated 29.08.2024 passed by this Court, he has deposited the entire arrears of rent and no amount is due. He further assures that he will continue to pay the rent regularly as ordered under Section 19A of the Act of 2001. He, therefore, prays that the order dated 13.12.2023, be quashed and set aside. 3. Learned counsel for the respondent could not refute the fact regarding the deposit of arrears of rent. However, she submits that the rent petition has been pending since 2017. Therefore, the learned Rent Tribunal may be directed to decide the eviction petition as expeditiously as possible.

4. Heard learned counsel for both the parties and perused the material available on record.

5. This Court finds that once the entire arrears of rent in terms of the order under Section 19A of the Act of 2001 have been paid by the tenant–petitioner, there remains no occasion to evict the tenant and grant possession to the respondent immediately on account of non-compliance under Section 19A of the Act of 2001. Therefore, this Court finds that the order dated 13.12.2023, after the tenant having paid the entire arrears of rent in terms of the order under Section 19A of the Act of 2001, is not sustainable.

6. It is made clear that the tenant shall continue to pay the rent in terms of the order passed under Section 19A of the Act of 2001, by the learned Rent Tribunal.

7. Looking to the pendency of the litigation, the learned Rent Tribunal is expected to decide the rent petition as expeditiously as possible in view of the provisions of Section 15(5) of the Act of

2001.

8. With the above observations, the present writ petition is partly allowed. The order dated 13.12.2023 is quashed and set aside. The amount which has been deposited by the petitioner before the learned Rent Tribunal is directed to be paid to the respondent after obtaining an undertaking from the respondent that in case the petitioner succeeds and the said amount is not found due, the same shall be refunded by the landlord along with interest @ 6% per annum.

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

(BIPIN GUPTA),J Sudha/33