Kailash Chand Sharma S/O Late Shri Ladhuram Sharma Vs Buddimati Gaud W/O Late Shri Rajendra Kumar Sharma — Rajasthan HC (2026) — LawSathi Research

Kailash Chand Sharma S/O Late Shri Ladhuram Sharma Vs Buddimati Gaud W/O Late Shri Rajendra Kumar Sharma — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition not pressed; on consent, petitioner (tenant) granted two years' time to vacate the tenanted premises on or before 30.04.2028, subject to paying rent arrears per the decree within four weeks, paying monthly mesne profit of Rs.2,500/- from 01.05.2026, and filing an undertaking before the learned Rent Tribunal; pending applications also disposed of.

Issue for consideration

Whether the petitioner, who is not pressing the writ petition, should be granted reasonable time to vacate the tenanted premises, and on what terms.

Court's answer

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

Ratio / Principle

Consented term (i): the petitioner will vacate the premises on or before 30.04.2028.

Key takeaways

Consented term (ii): the petitioner shall pay all arrears of rent as per the decree within four weeks.ratio¶17
Consented term (iii): the petitioner undertakes to pay mesne profit @ Rs.2,500/- per month from 01.05.2026.ratio¶21
Consented term (iv): the petitioner must file an undertaking before the learned Rent Tribunal to vacate by 30.04.2028, to continue paying mesne profit of Rs.2,500/- per month until vacation, and not to sub-let or create any alteration in the disputed premises.ratio

Detailed headnote1 paragraphs

S.B. Civil Writ Petition No. 11152/2025 (Rajasthan High Court, Jaipur Bench, Bipin Gupta, J., decided 08/04/2026) — The writ petition was not pressed by the petitioner/tenant, who instead prayed for reasonable time to vacate the tenanted premises. The respondent/landlady raised no objection. On consent, the Court granted the petitioner two years' time to vacate on the following terms: (i) vacation on or before 30.04.2028; (ii) payment of all arrears of rent as per the decree within four weeks; (iii) mesne profit @ Rs.2,500/- per month from 01.05.2026, payable by the 15th day of the succeeding month; (iv) filing of an undertaking before the learned Rent Tribunal to vacate by 30.04.2028, to continue paying mesne profit, and not to sub-let or alter the premises; (v) default in mesne profit for three consecutive months entitles the respondent to execution for decree; and (vi) non-compliance would attract contempt proceedings. Petition and pending applications disposed of accordingly.

[2026:RJ-JP:14676]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 11152/2025

Kailash Chand Sharma S/o Late Shri Ladhuram Sharma, Aged About 79 Years, R/o C-48 Shrinath Vihar Colony Jamdoli Agra Road Jaipur.

----Petitioner/Non Applicant

Versus

Buddimati Gaud W/o Late Shri Rajendra Kumar Sharma, Aged About 57 Years, R/o Plot No. 1111, Near Samod Haveli, Rawal Ji Ka Bazar, Gangapole, Jaipur

----Respondent/Applicant

For Petitioner(s)	: Mr.	Ram Rakh Sharma
For Respondent(s)	: Mr.	G.P. Sharma
	Mr.	Mahesh Chand Gupta

HON'BLE MR. JUSTICE BIPIN GUPTA

Judgment / Order

08/04/2026

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.

Learned counsel for the respondent, 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.

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

(i). The petitioner will vacate the premises on or before 30.04.2028.

(ii). The petitioner shall pay all the arrears of the rent as per the decree within a period of four weeks.

(2 of 2)

[2026:RJ-JP:14676]

[CW-11152/2025]

(iii). Petitioner undertakes to pay mesne profit @ Rs.2,500/- per month from 01.05.2026.

(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 30.04.2028 and further to the effect that he will continue to pay the mesne profit @ Rs.2,500/-, per month till vacation of the premises and further he will not sub-let or create any alteration in the disputed premises.

(v). The mesne profit, which is to be paid from 01.05.2026 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 respondent shall be entitled to execution for decree.

(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.

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

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

(BIPIN GUPTA),J

MAHIMA/54