Disposed

Deepak Sain S/O. Shri Girraj Prasad Sain v. Smt. Lajwanti Chakraborti W/O. Shri Nihalchand Chakraborti

Rajasthan HC9 Dec 2025CW/17839/2025

Case brief

AI extract

What is this about?

On consent of parties, the Court granted the petitioner two years' time to vacate the premises. The petitioner was directed to pay rent arrears, mesne profit, and fulfill an undertaking to the Rent Tribunal, with provisions for execution on default.

What did the court decide?

Petitioner granted two years' time to vacate the premises on consent subject to payment of rent arrears and mesne profit and filing an undertaking with the Rent Tribunal.

Deepak Sain S/O. Shri Girraj Prasad Sain Vs Smt… — Landlord and Tenant | Rajasthan HC (2025)

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[2025:RJ-JP:50004]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 17839/2025

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Deepak Sain S/o. Shri Girraj Prasad Sain, Aged About 36 Years, R/o. 3-Kha-12, Manu Marg, Housing Board, Tehsil And Distt. Alwar (Raj.). Presently Tenant Shopkeeper Kolkatta Hair Dresser, Mohana Baba Ki Piyau Ke Pass, Tehsil And Distt. Alwar

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----Petitioner

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Versus

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Smt. Lajwanti Chakraborti W/o. Shri Nihalchand Chakraborti, Aged About 75 Years, General Attorney Nihalchand S/o. Shri Chandrabhan

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Suresh Chakraborti S/o. Shri Nihalchand Chakraborti, Aged About 46 Years, (Since Deceased)

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2/1 Smt. Seema Chakraborti, Aged About 50 Years, W/o. Lt. Shri Suresh Chakraborti, Residents Of Mohalla Near Akhaipura, Ramdevi Ka Kua, Tehsil And Distt. Alwar (Raj.)

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2/2 Prerna D/o. Lt. Shri Suresh Chakraborti, Residents Of Mohalla Near Akhaipura, Ramdevi Ka Kua, Tehsil And Distt. Alwar (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Dharmendra Jain For Respondent(s) : Mr. Mohit Gupta

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HON'BLE MR. JUSTICE BIPIN GUPTA Order

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09/12/2025

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The present writ petition is not being pressed by learned counsel for the petitioner with a prayer that if some reasonable time is granted to him to vacate the premises.

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Learned counsel for the respondents, upon instructions from his client, submits that he has no objection if the time prayed for by the petitioner, to vacate the tenanted premises, is granted.

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On consent of the parties, petitioner is granted two years' time to vacate the premises. On the following consented terms:

[2025:RJ-JP:50004]

[CW-17839/2025]

(2 of 2)

(i). The petitioner will vacate the premises on or before 08.12.2027.

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(ii). The petitioner shall pay all the arrears of the rent as per the decree within a period of four weeks. (iii). Petitioner undertakes to pay mesne profit @ Rs.6,000/- per month from 01.12.2025.

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(iv). Petitioner is directed to file an undertaking before the learned Rent Tribunal, to the effect that he will vacate the premises, on or before 08.12.2027 and further to the effect that he will continue to pay the mesne profit @ Rs.6,000/-, per month till vacation of the premises and further he will not sub-let or create any alteration in the disputed premises.

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(v). The mesne profit, which is to be paid from 01.12.2025 shall be paid by the petitioner by 15^th day of the succeeding month. If he makes default for three consecutive months in payment of the mesne profit, then the respondents shall be entitled to execution for decree.

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(vi). If the order passed by this Court is not complied with by the petitioner, then he will be liable for contempt of Courts proceedings.

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With the above observations, the present Civil Writ Petition stands disposed of.

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All pending application(s), if any, also stand disposed of.

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(BIPIN GUPTA),J

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MAHIMA/88

Deepak Sain S/O. Shri Girraj Prasad Sain v. Smt. Lajwanti Chakraborti W/O. Shri Nihalchand Chakraborti

Case brief

What is this about?

What did the court decide?

Deepak Sain S/O. Shri Girraj Prasad Sain v. Smt. Lajwanti Chakraborti W/O. Shri Nihalchand Chakraborti

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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