Shyam Kumar Khandelwal S/O Mohanlal Gupta Vs Smt. Rampyari W/O Late Ramanand Sharma

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 6929/2025

Shyam Kumar Khandelwal S/o Mohanlal Gupta, Aged About 45 Years, R/o Bharpur Kalan, Tehsil- Jamvaramgarh, Jaipur, Presently Residing At- 4, Sitrampuri, Opposite Golimar Sadan, Aamer Road, Jaipur, Presently Tenant In Shop- West Facing, North To South, Second Number, Wake Golimar Sadan Ke Samne, Shyam Kirana Store, Sitarampuri, Aamer Road, Jaipur.

¶4

----Petitioner

¶5

Versus

¶6

Smt. Rampyari W/o Late Ramanand Sharma, Aged About 85 Years, (Since Deceased)

¶7

Brijmohan Sharma S/o Late Ramanand Sharma, Aged About 55 Years, R/o Plot No. 13, Sitarampuri, Opposite Golimar Sadan, Aamer Road, Jaipur.

¶8

----Respondents

¶9

For Petitioner(s) : Mr. Sandeep Sharma For Respondent(s) : Mr. Madho Parpan Swami Mr. Lakshya Dadhich & Ms. Priyanka Barupal

¶10

JUSTICE ANOOP KUMAR DHAND

¶11

Order

¶12

24/07/2025

¶13

The instant writ petition has been filed against the impugned judgment dated 06.07.2024 passed by the Rent Tribunal, Jaipur Metropolitan-II (for short, ‘the Tribunal’) by which the application filed by the respondent under Section 9 of the Rajasthan Rent Control Act, 2001 (for short ‘the Act of 2001’) has been allowed and the petitioner has been directed to vacate the rented premises within a period of six months. Additionally, the petitioner has been further directed to pay

¶14

[CW-6929/2025]

¶15

(2 of 3)

¶16

monthly rent regularly, arrears of rent and in default of above said conditions, he would pay three times of the monthly rent till handing over the possession of the premises to the respondents.

¶17

Aggrieved by the aforesaid order, the petitioner submitted a statutory appeal before the Appellate Rent Tribunal, however the same was rejected vide judgment dated 07.04.2025 and the judgment passed by the Rent Tribunal has been upheld.

¶18

Learned counsel for the petitioner 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.

¶19

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

¶20

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

¶21

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

¶22

(3 of 3)

¶23

[CW-6929/2025]

¶24

possession of the rented premises to the respondents on or before 01.08.2027.

¶25

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 respondents by 15^th of each successive month.

¶26

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

¶27

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

¶28

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 respondents 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.

¶29

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

¶30

(ANOOP KUMAR DHAND),J

¶31

KuD/25

Shyam Kumar Khandelwal S/O Mohanlal Gupta v. Smt. Rampyari W/O Late Ramanand Sharma

Case brief

What is this about?

What did the court decide?

Shyam Kumar Khandelwal S/O Mohanlal Gupta v. Smt. Rampyari W/O Late Ramanand Sharma

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Babu Lal Sharma S/O Late Shri Ramgopal Sharma Vs Mohammed Arif S/O Late Shafi Mohammed

Pankaj Raj S/O Shri Dulichand Vs State of Rajasthan

Rasida Khatoon W/O Mainuddin Khan Vs the State of Rajasthan

Choudhary Paramedical College Vs the State of Rajasthan

Jamil Ahmed Son of Shri Jahur Khan Vs State of Rajasthan

Dharmendra Kumar Sharma Son of Late Shri Purshottam Das Sharma Vs State of Rajasthan