Rajasthan High Court
CW/14040/2026 of SALEEM UDDEN S/O SHRI KAMRUDDIN Vs SMT. USHA SHARMA W/O LATE SHRI SHYAM SUNDAR SHARMA ADVOCATE on 11 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14040/2026 CNR: RJHC020693252026 | URN: CW / 30388U / 2026 Saleem Udden S/o Shri Kamruddin, Aged About 62 Years, R/o 6- D-26, Near Kagadiyon Ki Masjid, Vigyan Nagar Extension Scheme, Kota, Rajasthan. ----Petitioner/Tenant
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14040/2026
CNR: RJHC020693252026 | URN: CW / 30388U / 2026
Saleem Udden S/o Shri Kamruddin, Aged About 62 Years, R/o 6- D-26, Near Kagadiyon Ki Masjid, Vigyan Nagar Extension Scheme, Kota, Rajasthan.
----Petitioner/Tenant
Versus
Smt. Usha Sharma W/o Late Shri Shyam Sundar Sharma Advocate, R/o Near Subhadra Bhawan, Kotri Road, Gumanpura, Kota, Rajasthan, (Deceased) through Legal Representative of Smt. Meena Sharma W/o Rajkumar, R/o Near Subhadra Bhawan, Kotri Road, Gumanpura, Kota, Rajasthan.
----Respondent/Landowner
For Petitioner(s)
:
Mr. Noor Ahmad Qureshi
For Respondent(s)
:
Mr. Shantanu Gupta
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
11/08/2026
1. Instant Civil Writ Petition under Article 227 of the Constitution of India, has been filed by and on behalf of tenant, feeling aggrieved by issuance of an eviction certificate and direction to pay arrears of rent/mesne profits vide final order dated 30.08.2024 passed by the Rent Tribunal, Kota in Original Application No.26/2013 so also feeling aggrieved by the final judgment dated 10.07.2026 passed by the Appellate Rent Tribunal, dismissing petitioner's appeal and affirming the final order dated 30.08.2024.
2. On behalf of respondent- Smt. Meena Sharma, who was impleaded as legal representative of original applicant-landlord
(2 of 3) [CW-14040/2026] Smt. Usha Sharma after hear death, during course of pending proceedings, based on her Will dated 15.06.2009, has put in appearance through counsel.
3. During course of hearing of writ petition, it was apprised by and on behalf of both parties that during course of pending appeal before the Appellate Rent Tribunal, parties had entered into compromise, wherein petitioner-tenant agreed to vacate and handover the possession of rented shop to respondent- Smt. Meena Sharma and in lieu thereof, Smt. Meena Sharma agreed to handover vacant possession of another shop No.4 to petitioner to carry on his business of cycle repairing. It was also apprised that the shop No.4 was agreed to be given by respondent- Smt. Meena Sharma to petitioner-tenant-Saleem Udden on rent at the rate of Rs.4500/- per month for a period of eight years. It was apprised that the compromise could not act upon during course of appeal, however, both parties are agreeable to act upon the compromise in above terms.
4. Accordingly, this Court vide order dated 03.08.2026, permitted both parties to mutually act upon the compromise within a period of seven days.
5. In pursuance thereof, today counsel for petitioner-tenant states that he has vacated and handed over the possession of rented shop to respondent- Smt. Meena Sharma and has obtained vacant possession of shop No.4 for a period of eight years on rent at the rate of Rs.4500/- per month with increase of 5% per month every year, as agreed by both parties in the compromise.
6. Counsel appearing on behalf of respondent- Smt. Meena Sharma, having instructions from her client, does not press
(3 of 3) [CW-14040/2026] recovery of outstanding rent from the petitioner, if any, in pursuance of the final order dated 30.08.2024.
7. The parties are free to execute a separate agreement in this regard.
8. In view of above, since petitioner has voluntarily vacated the rented shop and has handed over the possession to respondent in compliance of the eviction certificate impugned herein and respondent has waived the recovery of arrears of rent in pursuance thereof, if any, the final order dated 30.08.2024, which is impugned herein, stands complied with and the grievance of petitioner does not survive, as such, challenge to the impugned orders dated 30.08.2024 and 10.07.2026, has rendered infructuous.
9. Accordingly, instant writ petition stands disposed of in above terms.
10. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J 68/NITIN