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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.