Rajasthan High Court
CW/11112/2026 of SMT. KALAVATI WIFE OF LATE SHRI BABULAL Vs SMT. KAILASH KANWAR JAIN W/O MANAKCHAND JAIN on 15 July 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11112/2026 URN: CW / 24706U / 2026 1. Smt. Kalavati Wife Of Late Shri Babulal, (Deceased) Through Lrs 1/1 Late Shri Rajkumar Kotiya S/o Shri Babulal, (Deceased) Through Lrs 1/1/1 Smt. Suraj Devi W/o Late Shri Rajkumar Kotiya,
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11112/2026
URN: CW / 24706U / 2026
1.
Smt. Kalavati Wife Of Late Shri Babulal, (Deceased)
Through Lrs
Late Shri Rajkumar Kotiya S/o Shri Babulal, (Deceased)
Through Lrs
1/1/1
Smt. Suraj Devi W/o Late Shri Rajkumar Kotiya, R/o Behind Kisan Bakery, Marina Hotel, Shri Nagar Road, Ajmer.
----Petitioners
Versus
1.
Smt. Kailash Kanwar Jain W/o Manakchand Jain, Aged About 69 Years, R/o Plot No. 25 And 26, Alakhnanda Colony, Vaishali Nagar, Ajmer, Rajasthan.
2.
Smt. Kalavati Wife Of Late Shri Babulal, (Deceased)
Through Lrs
2/1/1
2/1/2
2/1/3
Late Shri Rajkumar Kotiya S/o Shri Babulal, (Deceased)
Through Lrs
Smt. Manoj Kumari, W/o Suraj, D/o Late Babulal Ms. Beena Rani, D/o Late Babulal Ms. Prabharani, D/o Late Babulal
Shri Manoj Kumar Kotiya S/o Late Shri Babulal, All Resident Of Behind Kisan Bakery, Marina Hotel, Shri Nagar Road, Ajmer.
----Respondents
For Petitioner(s)
:
Mr. Laxmi Nivas Koli
For Respondent(s)
:
Mr. Harshit Mittal for
Mr. Ridhvick Dosi
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
15/07/2026
1. Instant writ petition has been filed by the petitioners-tenants under Article 227 of the Constitution of India, challenging the judgment dated 27.02.2026 passed in Appeal No.14/2023 by the Appellate Rent Tribunal, Ajmer, dismissing the appeal and affirming the judgment dated 19.09.2022, passed in Rent Case
(2 of 3) [CW-11112/2026] No.73/2011 (CIS No. 508/2015) by the Rent Tribunal, District Ajmer whereby the application filed by the respondent-landlord was allowed and eviction & recovery certificate on the ground of bonafide and reasonable need was issued in favour of respondent- landlord.
2. It is not in dispute that premise is residential in nature and after passing the eviction certificate, during course of appeal, mesne profit for the rented premise was determined @Rs.4,000/- per month and admittedly, petitioners agreed to pay this amount of mesne profit and pay regularly.
3. Heard counsel for both parties and perused the impugned judgments so also the record.
4. Today, during course of arguments, counsel for both parties, having instructions from the parties have agreed to grant time up to 31st July, 2028 to the petitioners to retain the possession of rented premises subject to making payment of mesne profits at the rate of Rs.4,000/- per month w.e.f. July, 2026 onward and the due arrears of mense profit, if any, due for previous period. It is noteworthy that during course of appeal, mesne profit @4,000/- per month was fixed, to which both parties agree and same has been agreed to continue till vacating the rented premises.
5. In view of above, instant writ petition stands disposed of on following terms and conditions as agreed between parties:-
i) The petitioners-tenants are allowed to continue in possession of rented premises upto 31.07.2028, subject to condition that they shall vacate and hand over possession of rented shop to landlord on or before 31.07.2028.
(3 of 3) [CW-11112/2026]
ii) The petitioners-tenants would pay the mesne profit @ Rs.4,000/- per month with effect from July, 2026 onwards, till vacation of the rented premise. The arrears of mesne profit at the same rate for the previous period, if any due, shall also be paid within a period of four weeks.
iii) The petitioners-tenants shall not alienate or otherwise create third party right or hand over possession of rented premises in question to any other person.
iv) That petitioners-tenants 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, petitioners-tenants fail 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/28