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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 April 30, 2018,
during which period the petitioner-tenant would make arrangements for
an alternative premises to run his business therefrom.
Mr. Rajesh Sharma, 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 Jaipur
Metropolitan city, Jaipur dated 6-3-2017 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
April 30, 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 April 30, 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 April 30, 2018.
(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-landlords, mesne profits @ Rs.12,763/- 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 Jaipur
Metropolitan City, Jaipur, 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 6-3-2017 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.