Pranaydev S/O Shri Jitendra Dubey Vs Sudha Mittal W/O Shri Anil Mittal — Rajasthan HC (2026) — LawSathi Research

Pranaydev S/O Shri Jitendra Dubey Vs Sudha Mittal W/O Shri Anil Mittal — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 30.05.2026 set aside; Rent Tribunal, Alwar (Executing Court) directed to reconsider the matter afresh and pass a speaking and reasoned order in accordance with law.

Issue for consideration

Whether there has been compliance or non-compliance with the terms and conditions of the compromise between the parties regarding payment of arrears of mesne profits and future mesne profits. +1 more

Ratio / Principle

The Executing Court has neither discussed the particulars of the amounts deposited by the petitioner nor assigned any reason as to how arrears of mesne profits amounting to Rs.8,43,341/- were found due against the petitioner; the impugned order is cryptic, non-speaking and unreasoned.

Key takeaways

The impugned order was passed by the Presiding Officer, Rent Tribunal, Alwar, without due application of mind.ratio¶23
The impugned order dated 30.05.2026 is set aside.ratio¶24
The Executing Court is directed to reconsider the matter afresh and thereafter pass a speaking and reasoned order in accordance with law.ratio

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), S.B. Civil Writ Petition No. 10403/2026, decided 02/07/2026 by Sudesh Bansal J. — Disposed of. After an eviction decree (affirmed in appeal), the parties compromised before the High Court; by its final order dated 09.01.2026 the petitioner-tenant was allowed to vacate by 31.01.2029 subject to payment of outstanding mesne profits and future mesne profits at Rs.45,000/- per month w.e.f. 01.02.2026. On the decree-holder's execution application alleging non-payment, the Rent Tribunal, Alwar, as Executing Court, issued on 30.05.2026 a warrant for possession and a warrant for recovery of arrears of Rs.8,43,341/-. The Court found the impugned order cryptic, non-speaking and unreasoned: the Executing Court had neither discussed the particulars of the petitioner's deposits nor assigned any reason for computing the arrears, and had acted without due application of mind. The order dated 30.05.2026 was set aside and the Executing Court directed to reconsider the matter afresh and pass a speaking and reasoned order in accordance with law.

[2026:RJ-JP:24549]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 10403/2026

URN: CW / 23073U / 2026

Pranaydev S/o Shri Jitendra Dubey, Aged About 45 Years, R/o House No. C-07, Ashok Vihar, Alwar, Rajasthan, At Present Tenant, Shopkeeper, Shop, Lower Ground Floor, Plot No. 4, Balaji Mansion, Near Jail Chauraha, Alwar, Tehsil And District Alwar, Rajasthan.

----Petitioner

Versus

Sudha Mittal W/o Shri Anil Mittal, Aged About 55 Years, R/o House No. 251, Scheme No. 01, Alwar Tehsil And District Alwar (Raj).

----Respondent

For Petitioner(s)	: Mr. Archit Bohra,
	Mr. Prakhar Jain
For Respondent(s)	: Mr. Mohit Gupta

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

02/07/2026

On behalf of respondent, counsel has put in appearance on caveat.

Heard counsel for both parties and perused the material available on record.

The issue involved in the present matter pertains to compliance or non-compliance of the terms and conditions of the compromise arrived at between the parties regarding payment of arrears of mesne profits as well as future mesne profits.

Indisputably, a decree for eviction and recovery of arrears of rent was passed against the petitioner, which was affirmed in appeal. Thereafter, when the matter came up before the High Court, parties entered into a compromise, pursuant to which petitioner was given time to vacate the rented premises till 31.01.2029, subject to

[2026:RJ-JP:24549]

[CW-10403/2026]

(2 of 2)

payment of outstanding mesne profits and future mesne profits at the rate of Rs.45,000/- per month w.e.f. 01.02.2026. The order dated 09.01.2026 is a final order, which is binding upon parties.

It appears that respondents/ decree-holders raised an objection alleging non-payment of the entire amount of mesne profits and sought execution of the decree. On the said application, the Rent Tribunal, Alwar, being an Executing Court, passed the impugned order dated 30.05.2026, whereby a warrant for possession as well as a warrant for recovery of arrears amounting to Rs.8,43,341/- has been issued against the petitioner, whereagainst this writ petition has been filed.

A bare perusal of the impugned order reveals that the Executing Court has neither discussed the particulars of the amounts deposited by petitioner, nor assigned any reason as to how arrears of mesne profits amounting to Rs.8,43,341/- were found due against petitioner. The impugned order is cryptic, non-speaking and unreasoned. It is apparent that the Presiding Officer, Rent Tribunal, Alwar, has passed the impugned order without due application of mind.

Consequently, the impugned order dated 30.05.2026 is set aside. The Executing Court is directed to reconsider the matter afresh, and thereafter, shall pass a speaking and reasoned order, in accordance with law.

Accordingly, the present writ petition stands disposed of.

Stay application and pending application(s), if any, stand disposed of.

(SUDESH BANSAL),J

Sachin Sharma/ 11