HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
VIMLESH TANWAR – Appellant
Versus
ABHISHEK JINDAL – Respondent
CW / 10249 / 2026
##PAGE1##
[2026:RJ-JD:22951]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10249/2026
Vimlesh Tanwar S/o Likhmichand Tanwar, Aged About 45 Years,
Proprietor Of M/s Maya Medical Store, 11, Shardul Colony,
Bikaner (Raj.).
----Petitioner
Versus
Abhishek Jindal S/o Sh. Anand Kumar Jindal, R/o 11, Shardul
Colony, Tulsi Circle, Hospital Road,bikaner (Raj.).
----Respondent
For Petitioner(s) : Mr. Deelip Kawadia
For Respondent(s) : Mr. Virendra Acharya
HON'BLE MR. JUSTICE FARJAND ALI
Order
12/05/2026
1. The instant writ petition has been instituted assailing the
order dated 01.09.2025 passed by the learned Rent Tribunal,
Bikaner in Case No.19/2023 as affirmed by the order dated
05.05.2026 passed learned Appellate Rent Tribunal, Bikaner in
Rent Appeal No.59/2025 whereby the petitioner-tenant has been
directed to hand over vacant and peaceful possession of the
premises in question to the respondent-landlord within a
stipulated period, and the appeal preferred against the said order
has also come to be dismissed.
2. I have heard learned counsel for the parties and gone
through the orders impugned as well as settlement/compromise
placed on record.
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2. At the very outset, learned counsel appearing on behalf of
the respective parties jointly submitted before this Court that,
during the pendency of the present proceedings, the parties have
amicably resolved their inter se dispute outside the precincts of
the Court and have voluntarily arrived at a mutually acceptable
settlement governing the rights and obligations arising out of the
tenancy in question.
3. It has been jointly prayed that, in view of the settlement so
arrived at, the present writ petition be disposed of in terms
thereof. The settlement/compromise so filed is taken on record.
The terms and conditions of the settlement, as agreed upon
between the parties, are taken on record and are reproduced
hereinbelow for the sake of clarity and future reference:-
(i) The petitioner-tenant shall vacate and hand over peaceful and
vacant possession of the premises in dispute to the respondent-
landlord on or before 31.12.2027.
(ii) It has further been agreed between the parties that till the
aforesaid date of vacating the premises, there shall be no
enhancement or increase in the monthly rent and the petitioner-
tenant shall continue to pay rent at the rate of Rs.5,500/- (Rupees
Five Thousand Five Hundred only) per month regularly and
punctually.
(iii) The parties have also agreed that arrears of rent, if any, shall
be paid and satisfied in accordance with the findings and
directions contained in Issue No.1 of the judgment/order passed
by the learned Rent Tribunal, Bikaner.
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4. This Court has considered the submissions advanced by
learned counsel for the parties and has perused the terms of
settlement placed on record. Since the compromise appears to be
lawful, voluntary and arrived at without any coercion or undue
influence, and as the same would subserve the ends of justice
while bringing quietus to the long-standing dispute between the
parties, this Court deems it appropriate to dispose of the present
writ petition in terms of the aforesaid settlement.
5. Consequently, the writ petition stands disposed of in the
aforesaid terms. The petitioner-tenant shall remain bound by the
undertaking implicit in the settlement and shall hand over peaceful
and vacant possession of the premises to the respondent-landlord
on or before 31.12.2027 without seeking any further extension of
time. Till then, he shall not be ousted from the rented premises in
pursuance of the order impugned and warrant of possession if he
remain abides by the condition enumerated therein.
5.1. It is made clear that in the event of default or breach of any
of the terms of the settlement, it shall be open f
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