Dismissed

Dinesh Kumar S/O Nemichand v. Suraj Mal S/O Tanwarlal

Rajasthan HC3 Mar 2025CW/1014/2025

Case brief

AI extract

What is this about?

Tenant's writ petition against landlord was not pressed. The court dismissed it but granted time till 31.08.2026 to vacate, conditional on depositing rent arrears within four weeks, monthly mesne profit of ₹10,000, no sub-letting or third-party interest, and a written undertaking before the Rent Tribunal.

What did the court decide?

Time till 31.08.2026 granted to vacate premises subject to depositing arrears, ₹10,000/month mesne profit, undertaking not to sublet, and written undertaking before Rent Tribunal.

Dinesh Kumar S/O Nemichand Vs Suraj Mal S/O Tanwarlal — Landlord and Tenant | Rajasthan HC (2025)

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[2025:RJ-JP:9037]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 1014/2025

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Dinesh Kumar S/o Nemichand, Age 48 Years, R/o Madhuban Colony, Silore Road, Bundi Tehsil And Dist. Bundi. (Raj.)

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----Petitioner/Non-Applicant/Tenant

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Versus

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Suraj Mal S/o Tanwarlal, Age 84 Years, R/o Ward No. 7, Batak Bheru Gali, Bundi Tehsil And Dist. Bundi.

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----Respondent-Applicant/Landlord

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For Petitioner(s) : Mr. Amit Dadhich For Respondent(s) : Mr. Deepak Pareek

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Judgment / Order

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03/03/2025

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Learned counsel appearing for the petitioner, on instructions, does not press the writ petition on merits and prays for a reasonable time (upto 31.08.2026) to vacate the premises.

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Learned counsel appearing for the respondent has no objection to the prayer made; he, however, submits that the petitioner may be granted time subject to payment of a sum of ₹10,000/- per month by way of mesne profit.

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This is not objected by the learned counsel for the petitioner.

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In the aforesaid circumstance, the writ petition is dismissed as not pressed. The petitioner is granted time upto 31.08.2026 to hand over vacant and peaceful possession of the rented premises to the respondent subject to following conditions:-

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The entire arrears of rent/mesne profit till date, shall be deposited by the petitioner in the bank account

(2 of 2)

[2025:RJ-JP:9037]

[CW-1014/2025]

of respondent within a period of four weeks from the date of the order.

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The petitioner shall pay a sum of ₹10,000/- per month towards mesne profit to the respondent from 01.04.2025 till vacation of the rented premises i.e. on or before 31.08.2026, which may be deposited by him in the bank account of the respondent by 10^th day of each succeeding month.

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The petitioner further undertakes that he shall not sub-let, assign or part with possession of rented premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period.

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The petitioner shall furnish a written undertaking incorporating aforesaid conditions before the learned Rent Tribunal within a period of four weeks from today.

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It is made clear that in case, petitioner does not comply with any of aforesaid conditions, the learned Rent Tribunal shall ensure his eviction without requiring respondent to file a separate execution petition even before aforesaid date and it will also be open for the respondent to initiate contempt proceedings in this Court.

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

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(MAHENDAR KUMAR GOYAL),J

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Manish/4

Dinesh Kumar S/O Nemichand v. Suraj Mal S/O Tanwarlal

Case brief

What is this about?

What did the court decide?

Dinesh Kumar S/O Nemichand v. Suraj Mal S/O Tanwarlal

Case brief

What is this about?

What did the court decide?

What the court decided

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