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Judgment
After arguing the matter at some length, the learned
counsel for the petitioner-tenant submits that the petitioner-
tenant shall vacate the tenanted premises on or before Feb. 28,
2018, during which period the petitioner-tenant would make
arrangements for an alternative premises to reside therein.
Mr. Arvind Bhardwaj, Advocate appearing on behalf of
the respondent-landlord agreed to the proposal of learned counsel
for the petitioner-tenant and submits that in the event of the
judgment and decree of the Appellate Rent Tribunal Kota dated
15-10-2012 were to be upheld, the respondent landlord would
have no objection with the petitioner-tenant continuing in
occupation of the tenanted premises in question only till Feb. 28,
2018 and in no event beyond the said date. In view of the consent
of learned counsel for the parties, the writ petition is disposed of
with the following directions:-
(i) The petitioner-tenant shall be entitled to continue in
occupation of the tenanted premises in question upto
Feb. 28, 2018, but not beyond subject to condition that
he would hand over the vacant possession of the
premises in question to respondent-landlord on or
before Feb. 28, 2018.
(ii) The petitioner-tenant shall pay arrears of rent or mesne
profits, if any, till August 31, 2017, as determined by
the courts within a period of two months from today.
(iii) The petitioner-tenant commencing 1st September, 2017
shall pay to respondent-landlord, mesne profits @
Rs.1000/- per month on or before 10th of each month.
(iv) The petitioner-tenant shall not alienate or otherwise
create third 3 party right, or hand over possession of
the tenanted premises in question to any other person.
Further, the petitioner-tenant shall submit an undertaking
incorporating the aforesaid conditions before the Rent Tribunal
Kota, within a period of thirty days, from the date of this order. In
case the petitioner-tenant fails to submit the undertaking as
aforesaid within thirty days from today, and/ or breaches the
conditions of this order, the respondent-landlord shall be entitled
to the immediate execution of the judgment and possession
certificate dated 15-10-2012 and obtain possession of the
premises in issue forthwith in accordance with law. The breach of
this order shall also be liable to be punished as contempt of the
court.
The writ petition stands disposed of accordingly.