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Judgment
Govind Mathur, J.—The Estate Officer, Department of Devasthan, by order dated 12.8.2010 ordered for eviction of the Petitioners from the property in question. Being aggrieved by the same the Petitioners preferred an appeal before the District Judge, Jodhpur as per provisions of Section 9(1) of the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964. An application seeking interim direction was also filed alongwith the appeal whereon the Appellate court on 27.9.2010 passed an interim order staying eviction of the Petitioner subject to payment of rent @ Rs. 7000/- per month w.e.f. 1.9.2008.
It is submitted by counsel for the Petitioners that the interim order is bad to the extent it puts condition for payment of rent w.e.f. 1.9.2008. According to counsel for the Petitioners an order for payment of such rent could have been passed either from the date of issuing the interim order or at the most from the date the appeal was decided.
Having considered all aspects of the matter I do not find any merit in the petition for writ. From perusal of the facts it reveals that the suit property was rented out to one Shri Kadar Bux on 1.5.1958 who died in the year 1973. Subsequent thereto his legal heirs were in possession of property and ultimately the same was sub-lated to the Petitioner No. 2 on 1.9.2008. In such circumstances the direction for making payment of rent from the date aforesaid i.e. 1.9.2008 is quite rational. No error is committed by the court below that may warrant interference of this Court under Article 226 of the Constitution of India.
Accordingly, the petition for writ is dismissed.