Disposed

Kamal Kumar Sethi S/O Kanhiya Lal Sethi v. Tripti Kumar Kothari S/O Late Ramchandra Kothari

Rajasthan HC18 Jul 2025CW/4928/2025

Case brief

AI extract

What is this about?

This court disposed of a tenant's writ petition against an eviction order, granting him possession until 01.08.2027 contingent upon depositing arrears, future rent, and submitting an undertaking to the Rent Tribunal.

What did the court decide?

Petitioner granted possession till 01.08.2027, conditioned upon deposit of arrears and future rent and filing an undertaking with the Rent Tribunal within four weeks.

Kamal Kumar Sethi S/O Kanhiya Lal Sethi Vs Tripti… — Execution and Attachment | Rajasthan HC (2025)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4928/2025

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Kamal Kumar Sethi S/o Kanhiya Lal Sethi, R/o Plot No. B-176, Janta Colony, Jaipur And Selection Centre, Prithvi Raj Marg, Khailand Marg, Ajmer, Raj.

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----Petitioner-Non-applicant

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Versus

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Tripti Kumar Kothari S/o Late Ramchandra Kothari, R/o B-32, Jai Jawan Colony-First, Jawahar Lal Nehru Marg, Jaipur

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----Respondent-Applicant

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For Petitioner(s) : Mr. Sahil Duseja for Mr. Dinesh Kala

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For Respondent(s) : Ms. Suruchi Kasliwal with Mr. Saurabh Sharma, Mr. Yashwant and Mr. Vikas

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JUSTICE ANOOP KUMAR DHAND

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Order

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18/07/2025

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The instant writ petition has been filed by the petitionertenant against the impugned order dated 05.12.2024 passed by the Appellate Rent Tribunal, Jaipur Metropolitant-II by which the appeal filed by the respondent-landlord has been allowed and the order dated 04.08.2022 passed the Rent Tribunal, Jaipur Metropolitan-II (for short, ‘the Tribunal’) has been quashed and the petitioner has been directed to vacate the rented premises within a period of three months. Additionally, the petitioner-tenant has been further directed to pay monthly rent regularly & pay arrears of rent and in default of payment of monthly rent, he would pay three times of the monthly rent

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[CW-4928/2025]

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(2 of 3)

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till handing over the possession of the premises to the respondent.

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Learned counsel for the petitioner-tenant after arguing for some time, on instructions of his client, has not pressed this petition on its merits. Alternatively, the petitioner prays for granting two years time to vacate the rented premises.

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Per contra , learned counsel for the respondent-landlord opposed the prayer made by the counsel for the petitionertenant and submitted that the eviction proceedings, in pursuance of the application filed by the respondent-landlord remained pending for adjudication before the Rent Tribunal for more than seven years, hence under these circumstances, granting two years more time to the petitioner-tenant would be unjustified for the respondent-landlord. Counsel submits that appropriate suitable time be granted to the petitioner-tenant to vacate the premises.

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In view of the aforesaid submissions made by the counsel for the parties, this petition stands disposed of in the following terms:-

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The petitioner shall be entitled to continue in possession of the suit premises till 01.08.2027 but not beyond that, subject to condition that he will hand over the vacant and peaceful possession of the rented premises to the respondent on or before 01.08.2027.

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The petitioner shall deposit the arrears of rent, due if any, within a period of three months and shall deposit two times of monthly rent from today, with the Bank account of the respondent by 15^th of each successive month.

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The petitioner shall not alienate or otherwise create third party right or hand over the possession of the rented premises in question to anyone.

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(3 of 3) [CW-4928/2025]

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In case the petitioner fails to deposit the rent consecutively for a period of four months, the respondent shall be at liberty to execute the order passed by the Rent Tribunal without further reference to the Court.

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Further the petitioner shall submit an undertaking on oath incorporating the aforesaid conditions before the Rent Tribunal, Jaipur Metrolopitan-II within a period of four weeks from today. In case, the petitioner fails to submit the undertaking as aforesaid within a period of four weeks from today and / or commits breach of any of the conditions of this order, the respondent shall be entitled to execute the order passed by the Rent Tribunal forthwith and shall obtain the possession of the rented premises in accordance with law.

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The stay application and all pending applications, if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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KuD/11

Kamal Kumar Sethi S/O Kanhiya Lal Sethi v. Tripti Kumar Kothari S/O Late Ramchandra Kothari

Case brief

What is this about?

What did the court decide?

Kamal Kumar Sethi S/O Kanhiya Lal Sethi v. Tripti Kumar Kothari S/O Late Ramchandra Kothari

Case brief

What is this about?

What did the court decide?

What the court decided

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