[2025:RJ-JP:36668]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.2670/2013 M/s Chetna Enterprises, Proprietor Shri Chandra Prakash Khandelwal S/o Shri Jagannath Khandelwal, Shop No. 19, Khiland Market, Prithviraj Marg, Ajmer ----Petitioner Versus

1. Appellate Rent Tribunal, Ajmer, (District And Session Judge), Ajmer

2. Rent Tribunal, Ajmer

3. Smt. Ramsukhi Rathi W/o Late Shri Om Prakash since deceased now being represented though following legal representatives:-

3/1. K.k. Rathi S/o Late Shri Om Prakash, Resident Of

534/50, Sobhagmal Club Civil Lines, Ajmer

3/2. T.k. Rathi S/o Late Shri Om Prakash, Resident Of

534/50, Sobhagmal Club Civil Lines, Ajmer

3/3. Shashi Kala Rathi D/o Late Shri Om Prakash, W/o Shri Satyanarayan Maheshwari, Resident Of 534/50, Sobhagmal Club Civil Lines, Ajmer

3/4.Chandrakala Rathi D/o Late Shri Om Prakash W/o Shri Kailash Maheshwari, Resident Of 534/50, Sobhagmal Club Civil Lines, Ajmer

3/5. Hemlata Rathi D/o Late Shri Om Prakash W/o Shri Kailash Maheshwari, Resident Of 534/50, Sobhagmal Club Civil Lines, Ajmer

3/6. Veena Rathi D/o Late Shri Om Prakash W/o Shri Om Prakash, Resident Of 534/50, Sobhagmal Club Civil Lines, Ajmer

3/7. Sunita Rathi D/o Late Shri Om Prakash W/o Shri Navneet, Resident Of 534/50, Sobhagmal Club, Civil Lines, Ajmer

4. Shri Kishan Swaroop Rathi S/o Late Shri Om Prakash since deceased now being represented through:-

4/1. Smt Shashi Devi Rathi W/o Late Kishan Swaroop Rathi, Resident Of 534/50, Sobhagmal Club, Civil Lines, Ajmer

5. Shri Atul Kumar Rathi S/o Late Shri Om Prakash, Respondent 3 To 5 Are The R/o 534/50, Sobhagmal Club, Civil Lines, Ajmer ----Respondents For Petitioner(s) : Mr. Ajeet Bhandari, Senior Advocate assisted by Mr. Rakshit Jain For Respondent(s) : Mr. Reasham Bhargava JUSTICE ANOOP KUMAR DHAND

Order

10/09/2025

1. The parties have put appearance in person. They have been duly identified by their respective counsels.

2. The instant writ petition has been filed against the impugned judgment dated 01.05.2006 passed by the Rent Tribunal, Ajmer (for short, ‘the Tribunal’) by which the application filed by the respondents under Section 9 of the Rajasthan Rent Control Act, 2001 (for short ‘the Act of 2001’) has been allowed and the petitioner has been directed to vacate the rented premises and pay the monthly rent regularly, on the terms and conditions mentioned in the judgment.

3. Aggrieved by the aforesaid order, the petitioner submitted a statutory appeal before the Appellate Rent Tribunal, Ajmer, however, the same was rejected vide judgment dated 09.01.2013 and the judgment passed by the Rent Tribunal has been upheld.

4. Learned counsels for the parties submit that a settlement has been arrived at between the parties and it has been agreed that the premises in question would be vacated by the petitioner on or before 31.12.2027 and as per the calculation made by the parties, the due arrear of rent is Rs.2,75,835/-, but the respondents have agreed to receive the lumpsum amount of Rs.2,40,000/- instead of Rs.2,75,835/-, which would be paid by the petitioner to the respondents within a period of two months from today.

5. Learned counsels submit that the parties have also agreed that the respondents would receive an enhanced amount of Rs.10,000/- per month w.e.f. 01.10.2025 till vacating the premises or till 31.12.2027.

6. In view of the settlement alleged to have been arrived at between the parties and which has not been disputed by the parties, who are appearing in person before the Court today, the instant writ petition stands disposed of on the terms of the settlement as mentioned above in the foregoing paras.

7. In pursuance to the settlement arrived at today, the petitioner shall submit an undertaking on oath incorporating the aforesaid conditions before the Rent Tribunal, Ajmer within a period of four weeks from today. In case, the petitioner fails to submit the undertaking as aforesaid within a period of four weeks from today and / or commits br