Rajasthan High Court
CW/11037/2026 of MOHAN DAS SON OF LATE SHRI MANGAL DAS Vs SMT. KAILASH KANWAR JAIN WIFE OF SHRI MANAK CHAND JAIN on 6 July 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11037/2026 URN: CW / 24545U / 2026 1. Mohan Das Son Of Late Shri Mangal Das, (Since Deceased) Through Legal Heirs - 1/1. Rekha Satyani, Wife Of Late Shri Mohan Das Satyani 1/2. Narendra Kumar, Son Of Late Shri Mohan Das
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11037/2026
URN: CW / 24545U / 2026
1.
Mohan Das Son Of Late Shri Mangal Das, (Since Deceased) Through Legal Heirs - 1/1.
Rekha Satyani, Wife Of Late Shri Mohan Das Satyani 1/2.
Narendra Kumar, Son Of Late Shri Mohan Das Satyani 1/3.
Lajwanti Wife Of Shri Suresh Vatwani, Daughter Of Late Shri Mohan Das Satyani, All Residents Of Near Maliyan Panchayat Bhawan, Gali No.
4, Ram Nagar, Ajmer.
----Petitioners
Versus
Smt. Kailash Kanwar Jain Wife Of Shri Manak Chand Jain, Resident Of Plot No. 25 And 26, Alakhananda Colony, Vaishali Nagar, Ajmer.
----Respondent
For Petitioner(s)
:
Mr. Shashi Kant Saini
For Respondent(s)
:
Mr. Ridhvick Dosi
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
06/07/2026
1. Petitioners happen to be tenants of respondent in the shop in question and using the same for running a business of grocery store. It is not in dispute that after issuance of eviction certificate against petitioners on the ground of bonafide necessity during course of appeal, mesne profits @ 8,000/- per month was determined by the Appellate Rent Tribunal, which has been paid by petitioner(s) till month of February, 2026.
2. After arguing the petition for some time, counsel for petitioners, having instructions from the petitioners, prayed to
(2 of 3) [CW-11037/2026] grant some reasonable time to vacate the rented shop and in that eventuality, to not press the writ petition and agreed to pay mesne profit at the rate of Rs.8000/-per month from March, 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 petitioners 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 31st May, 2028 to the petitioners-tenants to retain the possession of rented shop subject to making payment of mesne profits at the rate of Rs.8000/- per month w.e.f. March, 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 petitioners-tenants are allowed to continue in possession of rented shop upto 31.05.2028, subject to condition that they shall vacate and hand over possession of rented shop to landlord on or before 31.05.2028.
ii) The petitioners-tenants would pay the mesne profit @ Rs.8000/- per month with effect from March, 2026 onwards, till vacation of the rented premise. The arrears of mesne profit for the previous period from March to June,2026 if any due, shall also be paid within a period of four weeks and from July 2026 onwards on monthly basis.
(3 of 3) [CW-11037/2026]
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 Pcg/16