Shri Vinod Kumar Kumawat s/o Shri Mohanlal vs Shri Laxmi Narayan Chipa S/o late Shri Nandlal Chipa

After arguing the matter at some length, the learned counsel for the

petitioner-tenant submits on instruction of his clients that the petitioner-

tenant shall vacate the tenanted premises on or before May 31, 2018,

during which period the petitioner-tenant would make arrangements for

an alternative premises to run his business.

Mr. Kuldeep Verma, 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 26-3-2016 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 May 31, 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 May 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 May 31, 2018.

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

if any, till May 31, 2017, as determined by the courts within a period

of two months from today.

(iv) The petitioner-tenant commencing 1 st June, 2017 shall pay to

respondents-landlords, 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 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 26-3-2016 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.