S.B. CIVIL WRIT PETITION NO.10568/2010 Abdul Rashid Vs. Brahaman Swarnkar Sabha, Jodhpur & Anr. Date of Order :: 20th November 2010. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.M.A.Siddiqui with Mr.Sikander Khan for the petitioner. Mr.Shiv Ratan Soni – caveator . .... BY THE COURT: The petitioner-tenant has preferred this writ petition against the judgment and order dated 03.08.2010 passed by the Appellate Rent Tribunal, Jodhpur in Rent Appeal No.107/2007 whereby the Appellate Tribunal while dismissing the appeal filed by the petitioner-tenant, affirmed the judgment and order dated 22.08.2007 as passed by the Rent Tribunal, Jodhpur in Original Petition No.426/2004; and, accordingly, upheld the certificate for recovery of possession issued by the Rent Tribunal after allowing the petition for eviction filed by the respondent-landlord. During the course of submissions in this petition, the learned counsel for the petitioner frankly submitted that the petitioner may not be in a position to assail the findings on facts as recorded by the Rent Tribunal and the Appellate Rent Tribunal. The learned counsel, however, submitted that the petitioner shall require some extra time to make alternative arrangements for his business and, therefore, prayed that the petitioner may be granted some extra time to vacate the premises. The learned counsel submitted that the petitioner shall be ready to make payment of the enhanced amount of 1 mesne profits particularly during the period he would be retaining the shop upon granting indulgence by this Court. In regard to these submissions, an affidavit of the petitioner has also been placed on record. The learned counsel for the respondent-landlord, in all fairness, has not put much opposition to the prayer of the petitioner for granting some extra time to vacate. Having regard to the facts and circumstances of the case, it appears appropriate to allow time to the petitioner to vacate the suit premises by 30th November 2011 while allowing enhanced mesne profits to respondents, particularly during the extra period to vacate as being allowed herein. It is stated that last paid rent has been @ Rs.1021/- per month. Having regard to the overall facts and circumstances of the case, it appears appropriate to allow mesne profits to the respondent from 1st December 2010 until the petitioner vacates the suit premises @ Rs.3,100/- per month. Of course, for no ground to interfere otherwise, this writ petition is dismissed; however, the petitioner is granted time to vacate the suit premises by 30th November 2011 on the following conditions:- (i) The petitioner shall personally submit an undertaking supported by affidavit before the Rent Tribunal within three weeks from today to the effect that on or before 30th November 2011, he shall hand over peaceful and vacant possession of the suit premises to the plaintiff-respondent. He shall also undertake not to cause any damage to the suit premises nor to make any alteration and not to assign, sublet or in any manner part 2 with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance. (ii) The petitioner shall deposit within three weeks the arrears, if any, of the rent/mesne profits and of the decreetal amount and shall further pay to the landlord the amount for use and occupation of the suit premises at the rate of Rs. 3,100/- (Three thousand one hundred) per month with effect from 1st December 2010 or deposit this amount in the bank account of the landlord (if particulars whereof are furnished to the petitioner) month by month on or before 15th day of the next month. It is made clear that upon the petitioner's failure to comply with any of the conditions aforesaid or violating any terms of the undertaking, the applicants respondents shall be entitled to get the Certificate of Possession executed forthwith in accordance with law. No costs. (DINESH MAHESHWARI), J. MK /Mohan/ 3