Mohan Lal Son of Shri Shyam Lal vs Smt. Geeta Gupta Wife of Shri Deepak Gupta

After arguing the matter at some length, the

learned counsel for the petitioner-tenant submits on

instruction of his client that the petitioner-tenant shall vacate

the tenanted premises on or before July 31, 2019, during

which period the petitioner-tenant would make arrangements

for an alternative premises to run his business therefrom.

Mr. D.K. Garg, 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 Dholpur dated 13-4-2017 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 July 31, 2019 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

July 31, 2019, 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

July 31, 2019.

(ii) The petitioner-tenant shall pay arrears of rent or

mesne profits, if any, till July 31, 2017, as determined by

the courts within a period of two months from today.

(iv) The petitioner-tenant commencing 1st August, 2017

shall pay to respondents-landlord, mesne profits @

Rs.3000/- per month on or before 10th of each month.

(v) The petitioner-tenant shall not alienate or otherwise

create third 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 Dholpur, 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

respondents-landlord shall be entitled to the immediate

execution of the judgment and possession certificate dated

13-4-2017 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.