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Judgment
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 August 31, 2018, during which period the petitioner-
tenant would make arrangements for an alternative premises to
reside therein.
Mr. Rahul Agarwal, Advocate appearing on behalf of the
respondent landlord, with instruction from his clients 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 Ajmer dated 2-2-2017 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 August 31st , 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
August 31, 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 August 31, 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.15000/- per month on or before 10th of each
month.
iv) The aforesaid amount be deposited in Saving Bank
Account No. 666410110001461 (Customer ID No.
113840886) of Bank of India, Branch at Makarwali
Road, Ajmer of the respondent - landlord.
(v) 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 Ajmer, 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-landlords shall be entitled
to the immediate execution of the judgment and possession
certificate dated 2-2-2017 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.