Rajasthan High Court
CW/10971/2026 of RAJENDAR CHATURVEDI S/O SHRI NIHALCHAND CHATURVEDI Vs GHANSHYAM THAWANI on 6 July 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10971/2026 URN: CW / 24366U / 2026 1. Rajendar Chaturvedi S/o Shri Nihalchand Chaturvedi, Aged About 65 Years, Owner Business Chaturvedi Flour Mills Regal Complex, Ajmer Road, Beawar. 2. Chaturvedi Flour Mills through Owner
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10971/2026
URN: CW / 24366U / 2026
1.
Rajendar Chaturvedi S/o Shri Nihalchand Chaturvedi, Aged About 65 Years, Owner Business Chaturvedi Flour Mills Regal Complex, Ajmer Road, Beawar.
2.
Chaturvedi Flour Mills through Owner Business Rajendar Chaturvedi, Regal Complex, Ajmer Road, Beawar, District Ajmer, Rajasthan.
----Petitioners
Versus
1.
Ghanshyam Thawani S/o Late Shri Banshi Lal Thawani
2.
Smt. Chandra Devi Wo Late Shri Banshi Lal Thawani
3.
Suresh Kumar S/o Late Shri Banshi Lal Thawani
4.
Gopal S/o Late Shri Banshi Lal Thawani,
All R/o Regal Complex, Ajmer Road, Beawar, District Ajmer.
----Respondents
For Petitioner(s)
:
Mr. Jai Kumar Yadav
For Respondent(s)
:
Mr. Akshay Sharma
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
06/07/2026
1. Instant writ petition has been filed by the petitioners-tenants under Article 227 of the Constitution of India, challenging the judgment dated 05.05.2026 passed in Appeal No.66/2022 by the Appellate Rent Tribunal, Ajmer, dismissing the appeal and affirming the judgment dated 08.09.2022 passed in Petition No.24/2018 (CIS No.25/2018) by the Rent Tribunal, Beawar whereby the Rent Petition filed by the respondents-landlord has
(2 of 3) [CW-10971/2026] been allowed and possession certificate in favour of respondents- landlord has been issued.
2. During course of arguments learned counsel for petitioners- tenants submits that tenants would be deprived of source of income if they vacate the shop in question pursuant to impugned judgments. Counsel for petitioners, having instructions from the petitioners, prayed to grant some reasonable time to vacate the rented shop and in that eventuality, to not press both the writ petitions and agreed to pay mesne profit at the rate of Rs.3000/- per month for each shop from July, 2026 onward, till vacating and handing over the peaceful possession of the premise to the respondents-landlord.
3. Counsel appearing on behalf of respondents-landlord, having instructions from respondents, immediately grabbed the offer of petitioners and does not dispute to grant reasonable time to vacate and handover the peaceful possession of both rented shop to the respondents-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 31st December, 2027 to the petitioners-tenants to retain the possession of rented shop subject to making payment of mesne profits at the rate of Rs.3000/- per month w.e.f. July, 2026 onward and the due arrears of rent, if any.
5. In view of above, instant writ petition stands disposed of on following terms and conditions as agreed between parties:-
(3 of 3) [CW-10971/2026]
i) The petitioners-tenants are allowed to continue in possession of rented shop upto 31.12.2027, subject to condition that they shall vacate and hand over possession of rented shop to landlord on or before 31.12.2027.
ii) The petitioners-tenants would pay the mesne profit @ Rs.3000/- per month with effect from July, 2026 onwards, till vacation of the rented premise. The arrears of rent 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 respondents-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 110/NITIN