Disposed

Rakesh Soni S/O Shri Ramdev Soni v. Tikamchand Soni S/O Tarachand Soni

Rajasthan HC2 Sept 2024CW/13854/2024

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging an eviction order. Court allowed tenant to remain in possession until 31.12.2025 subject to payment of mesne profit, rent arrears, and furnishing an undertaking not to alienate the property. Order failed may lead to immediate execution.

What did the court decide?

Tenant allowed to remain in possession till 31.12.2025 subject to payment of mesne profit, rent arrears, and submission of undertaking;

Rakesh Soni S/O Shri Ramdev Soni Vs Tikamchand Soni… — Landlord and Tenant | Rajasthan HC (2024)

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[2024:RJ-JP:36693]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 13854/2024

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Rakesh Soni S/o Shri Ramdev Soni, Aged About 54 Years, Property Amc No. 3/31 Old 326/13 New, Hingad Bhawan, Bisayati Gali, Naya Bazar, Ajmer.

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----Petitioner

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Versus

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Tikamchand Soni S/o Tarachand Soni, R/o Plot No. 8, Gopaldas Colony, Makadwali Road, Ajmer.

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Kamalkishore Soni S/o Tarachand Soni, R/o Makadwali Road, Baldev Nagar Chauraha, Ajmer.

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----Respondents

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For Petitioner(s)	: Mr. Rahul Agarwal
For Respondent(s)	: Mr. Amit Singh Shekhawat

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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02/09/2024

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Instant writ petition under Article 227 of the Constitution of India has been filed by the petitioner-tenant (hereafter ‘tenant’), assailing the judgment dated 20.07.2024 passed in Rent Appeal No. 18/2022 by the Appellate Rent Tribunal, Ajmer, dismissing the appeal and affirming the order dated 14.02.2022 passed by Rent Tribunal, Ajmer in Case No. 05/2015 whereby and whereunder the application filed under Section 9 of Rajasthan Rent Control Act, 2001 by the respondents seeking eviction from the disputed shop has been allowed.

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After arguing the writ petition on merits for some time and on instructions of petitioner-tenant, learned counsel for petitioner submits that in case some reasonable time is granted to vacate

[2024:RJ-JP:36693]

[CW-13854/2024]

(2 of 3)

and hand over the possession of rented shop to landlord, petitioner-tenant is agreeable not to press the present petition on merits.

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Learned counsel for respondents-landlord, on instructions of his clients has no objection to the prayer of petitioner-tenant, if judgment and decree dated 20.07.2024 and the order dated 14.02.2022 for eviction from the disputed shop are upheld and some reasonable time is granted to petitioner-tenant to vacate the rented shop.

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In view of above, without interference to the impugned judgment and order, instant writ petition is disposed of on following terms and conditions as agreed between parties:-

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i) The petitioner-tenant is allowed to continue in possession of rented shop upto 31.12.2025, subject to condition that he shall vacate and hand over possession of rented shop to landlord on or before 31.12.2025.

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ii) The petitioner-tenant would pay the mesne profit @ Rs.2500/- per month with effect from July, 2024 onwards, till vacation of the rented premise. The arrears of mesne profit from July, 2024 and August, 2024 and for the previous period up to June, 2024, if any, arrears of rent @ Rs.1100/- is due, same shall be paid within a period of four weeks. From September, 2024 onwards, mesne profit shall be paid regularly from month to month basis. The arrears of rent and mesne profit shall be paid in the Bank account of respondents-landlord already available with the petitioner-tenant.

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iii) The petitioner-tenant shall not alienate or otherwise create third party right or hand over possession of rented premises in question to any other person.

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iv) That petitioner-tenant shall furnish an undertaking incorporating aforesaid conditions, before the trial Court within a period of four weeks,

(3 of 3)

[2024:RJ-JP:36693]

[CW-13854/2024]

from the date of this order with an advance copy to respondents-landlord.

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In case, petitioner-tenant fails to submit the undertaking, as aforesaid, and/or commits breach of conditions of this order, respondents-landlord shall be entitled to initiate immediate execution of the order to obtain possession of premises in issue forthwith, in accordance with law, and may also initiate proceedings of contempt for breach of undertaking.

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Accordingly, instant writ petition stands disposed of.

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Stay application and any other pending application(s), if any,

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stand(s) disposed of.

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(SUDESH BANSAL),J

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NITIN /39

Rakesh Soni S/O Shri Ramdev Soni v. Tikamchand Soni S/O Tarachand Soni

Case brief

What is this about?

What did the court decide?

Rakesh Soni S/O Shri Ramdev Soni v. Tikamchand Soni S/O Tarachand Soni

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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