Prabhudayal Son of Hanuman Prasad v. Bashir (Deceased)
Case brief
What is this about?
Rajasthan High Court Jaipur; Article 227 writ petition; Rent Tribunal Sikar; Rent Appeal No.05/2019; Rent Application No.02/2015; eviction/possession decree upheld by appellate tribunal; tenant granted time till 31.10.2027 to vacate; mutual consent disposal; arrears of rent Rs.1,581 per month; mesne profits Rs.3,000 per month; affidavit-backed undertaking before Rent Tribunal; execution of decree without further reference on default of two consecutive months; contempt proceedings on failure to vacate; no subletting or third-party rights.
What did the court decide?
Writ petition disposed with directions on mutual consent: petitioner to retain possession of the suit premises until 31.10.2027 (not beyond), handing over vacant and peaceful possession on or before that date; entire arrears of rent due 03.05.2019 to 31.10.2025 @ Rs.1,581/- per month payable within one month into the respondent's bank account; mesne profits from 01.11.2025 until actual vacation @ Rs.3,000/- per month deposited by the 15th day of each month; no subletting or creation of third-party rights; affidavit-backed undertaking to be filed before the learned Rent Tribunal within four weeks; default in mesne profits for two consecutive months or breach enables the respondent to execute the decree without further reference/immediately; failure to vacate by 31.10.2027 permits the respondent to initiate contempt proceedings. Stay application and pending applications disposed of as not pressed.