Rajasthan High Court
CW/10602/2026 of MAHENDRA SONI SON OF SHRI MAHESH SONI Vs SMT NIRMALA UPADHYAY W/O SHRI PRAMOD KUMAR UPADHYAY on 7 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10602/2026 CNR: RJHC020500402026 | URN: CW / 23389U / 2026 Mahendra Soni Son of Shri Mahesh Soni, At Present Tangent 14- A Nirmala Sadan, Murlipura Scheme, Road No. 2 Jaipur Rajasthan Permanent Residence of 115, Govind Nagar,
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10602/2026
CNR: RJHC020500402026 | URN: CW / 23389U / 2026
Mahendra Soni Son of Shri Mahesh Soni, At Present Tangent 14- A Nirmala Sadan, Murlipura Scheme, Road No. 2 Jaipur Rajasthan Permanent Residence of 115, Govind Nagar, Sarna Dungar, Bainad Road, Jaipur Raj.
----Petitioner
Versus
Smt Nirmala Upadhyay W/o Shri Pramod Kumar Upadhyay, Aged About 65 Years, R/o 14 A, Murlipura Scheme, Road No. 2, Jaipur Rajasthan.
----Respondent
For Petitioner(s)
:
Mr. R.B. Sharma Ganthola
For Respondent(s)
:
Mr. Manoj Kumar Bhardwaj
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
07/08/2026
1. Instant writ petition has been filed by the petitioner-tenant under Article 227 of the Constitution of India, challenging the judgment dated 20.02.2026 passed in Appeal No.65/2024 by the Appellate Rent Tribunal, Jaipur Metropolitan-I, dismissing the appeal and affirming the judgment dated 26.03.2024 passed in Rent Application No.317/2017 (73/16) (CIS No.76/2016) by the Rent Tribunal No.2, whereby the application for eviction filed by the respondent-landlord has been allowed and petitioner-tenant has been directed to vacate the rented premises.
2. When this writ petition came up on board on 30.06.2026, following order has been passed:-
(2 of 3) [CW-10602/2026] "1. By means of filing instant writ petition under Article 227 of the Constitution of India, challenge has been made to the eviction certificate dated 26.03.2024 passed by the Rent Tribunal No.2, Jaipur (Additional Senior Civil Judge and Additional Chief Metropolitan Magistrate No.5, Jaipur Metropolitan), which has been affirmed in appeal vide judgment dated 20.02.2026 passed by the Rent Appellate Tribunal, Jaipur Metropolitan I.
2. Counsel for petitioner, having instructions of petitioner, states that if some reasonable time is granted to hand over the peaceful possession of the rented premises to respondent-landlord, petitioner shall not assail the impugned eviction certificate on merits and shall pay the arrears of rent/ mesne profits up to the date of handing over possession of the rented premises.
3. In view of the limited prayer of counsel for petitioner, let notice of writ petition be issued to respondent along with copy of this order.
4. In the meanwhile, petitioner shall not be dispossessed from the rented premises in execution of the impugned eviction certificate dated 26.03.2024, subject to payment of arrears of rent/ mesne profits as ordered by the Rent Tribunal and continuing to pay the same. "
3. During course of arguments, counsel for both parties, having instructions from their respective parties, have agreed to grant time up to 31st December, 2027 to the petitioner-tenant to retain the possession of rented shop subject to making payment of mesne profits at the rate of Rs.4000/- per month w.e.f. August, 2026 onward and the due arrears of rent at the rate of Rs.1400/- per month upto July, 2026, if any.
4. 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 31.12.2027, subject to condition that he shall vacate and hand over possession of rented shop to landlord on or before 31.12.2027.
(3 of 3) [CW-10602/2026]
ii) The petitioner-tenant would pay the mesne profit @ Rs.4000/- per month with effect from August, 2026 onwards, till vacation of the rented premise. The arrears of rent for the previous period at the rate of Rs.1400/- till July, 2026, 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.
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.
5. 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.
6. Stay application and any other pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J 71/NITIN