Mahesh Kumar Sen S/O Kishan Lal Sen Vs Smt. Maya Devi W/O Late Sh. Tara Chand Jain

[2025:RJ-JP:24240]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 8761/2025

Mahesh Kumar Sen S/o Kishan Lal Sen, Aged About 54 Years, R/o Mohalla Ladiya Alwar Presently Tenant Shopkeeper M/s. New Hair Dresser, Gayatri Mandir Road, Opposite Aapna Marriage Home, Alwar, Tehsile And District Alwar (Raj.)

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----Petitioner

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Versus

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Smt. Maya Devi W/o Late Sh. Tara Chand Jain, R/o In Front Of Aapna Marriage Home, Gayatri Mandir Road, Alwar Tehsile And District Alwar (Raj.) Through General Power Of Attorney Sh. Manoj Kumar Jain S/o Sh. Late Tara Chand Jain Aged About 48 Years R/o Opposite Maariage Home, Gayatri Mandir Road, Alwar, Tehsile And District Alwar (Raj)

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----Respondent

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For Petitioner(s)	: Mr. Mohit Gupta
For Respondent(s)	: Mr. AjayRajTantia

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JUSTICE ANOOP KUMAR DHAND

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Order

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02/07/2025

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The instant writ petition has been filed against the impugned judgment dated 12.09.2024 passed by the Rent Tribunal, Alwar Jaipur (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 monthly rent regularly, arrears of rent and in default of payment of monthly rent, he would pay three times of the

[2025:RJ-JP:24240]

[CW-8761/2025]

(2 of 3)

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

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Aggrieved by the aforesaid order, the petitioner submitted a statutory appeal before the Appellate Rent Tribunal, however the same was rejected vide judgment dated 20.05.2025 and the judgment passed by the Rent Tribunal has been upheld.

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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.

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Per contra , learned counsel for the respondent opposed the prayer made by the counsel for the petitioner and submitted that the eviction proceedings, in pursuance of the application filed by the respondent remained pending for adjudication before the Rent Tribunal, hence under these circumstances, granting two years more time to the petitioner would be unjustified for the respondent. Counsel submits that appropriate suitable time be granted to the petitioner 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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2.The petitioner shall deposit the arrears of rent, due if any, within a period of three months and shall continue to deposit the amount of monthly rent of Rs. 3300/-with the Bank account of the respondent by 15^th of each successive month.

(3 of 3)

[2025:RJ-JP:24240]

[CW-8761/2025]

3.The petitioner shall not alienate or otherwise create third party right or hand over the possession of the rented premises in question to anyone. 4.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, Alwar 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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Ashu/66

Mahesh Kumar Sen S/O Kishan Lal Sen v. Smt. Maya Devi W/O Late Sh. Tara Chand Jain

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Mahesh Kumar Sen S/O Kishan Lal Sen v. Smt. Maya Devi W/O Late Sh. Tara Chand Jain

Case brief

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