Rajasthan High Court
CW/15833/2026 of SHRI VISHNU DHEEMAN MAJOR SON OF SHRI SUMERCHAND DHEEMAN Vs SHRI ASHOK KUMAR JAYANDA SON OF LATE SHRI BHANWARLAL on 19 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15833/2026 CNR: RJHC020789042026 | URN: CW / 33720U / 2026 Shri Vishnu Dheeman Major Son Of Shri Sumerchand Dheeman, Aged About 57 Years, Resident Of 26, College Road, Beawar, District Ajmer. ----Petitioner Versus Shri Ashok
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15833/2026
CNR: RJHC020789042026 | URN: CW / 33720U / 2026
Shri Vishnu Dheeman Major Son Of Shri Sumerchand Dheeman, Aged About 57 Years, Resident Of 26, College Road, Beawar, District Ajmer.
----Petitioner
Versus
Shri Ashok Kumar Jayanda Son Of Late Shri Bhanwarlal, And Adopted Son Of Late Shri Gopilal And Late Smt. Rukma Devi, Aged About 66 Years, Resident Of 1-Ka-26, R.c. Vyas Colony, Bhilwara (Raj.).
----Respondent
For Petitioner(s)
:
Mr. Harshit Mittal
For Respondent(s)
:
Mr. Jai Prakash Gupta
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
19/08/2026
1. Instant writ petition under Article 227 of Constitution of India has been filed by the petitioner-tenant, assailing the judgment dated 30.07.2026, passed in Rent Appeal No. 42/2024 by the Appellate Rent Tribunal, Ajmer, dismissing the appeal and affirming the order dated 01.02.2024 passed by Rent Tribunal, Beawar, District Ajmer in Original Application No. 32/2019 whereby and whereunder application of respondent-landlord under Sections 9, 10, and 15 of the Rajasthan Rent Control Act, 2001 seeking eviction from rented premises has been allowed.
2. After arguing the petition for some time, counsel for petitioner, having instructions from the petitioner, prayed to grant some reasonable time to vacate the rented premises and in that
(2 of 3) [CW-15833/2026] eventuality, to not press the writ petition and agreed to pay mesne profit at the rate of Rs.10,000/-per month from September, 2026 onward, till vacating and handing over the peaceful possession of the premise to the respondent-landlord.
3. Counsel appearing on behalf of respondent-landlord, having instructions from respondent, immediately grabbed the offer of petitioner and does not dispute to grant reasonable time to vacate and handover the peaceful possession of rented shop to the respondent-landlord subject to making payment of the mesne profit as determined by this Court.
4. In such view, counsel for both parties, having instructions from their respective parties, have agreed to grant time up to 28th February, 2028 to the petitioner-tenant to retain the possession of rented premises subject to making payment of mesne profits at the rate of Rs.10,000/- per month w.e.f. September, 2026 onward and the due arrears of mesne profit, if any.
5. In view of above, instant writ petition stands disposed of on following terms and conditions as agreed between parties:-
i) The petitioner-tenant is allowed to continue in possession of rented shop upto 28.02.2028, subject to condition that he shall vacate and hand over possession of rented shop to landlord on or before 28.02.2028.
ii) The petitioner-tenant would pay the mesne profit @ Rs.10,000/- per month with effect from September, 2026 onwards, till vacation of the rented premises. The arrears of mesne profit for the previous period, if any due, shall also be paid within a period of four weeks.
iii) The petitioner-tenant shall not alienate or otherwise create third party right or hand over possession of rented premises in question to any other person.
(3 of 3) [CW-15833/2026]
iv) That petitioner-tenant shall furnish an undertaking incorporating aforesaid conditions, before the trial Court within a period of four weeks, from the date of this order with an advance copy to respondent-landlord.
6. In case, petitioner-tenant fails to submit the undertaking, as aforesaid, and/or commit breach of conditions of this order, respondent-landlord shall be entitled to initiate immediate execution of the order to obtain possession of premises in issue forthwith, in accordance with law, and may also initiate proceedings of contempt for breach of undertaking.
7. Stay application and any other pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J Ronak Jaiman/38