CW 7644/10 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.7644/2010 Moti Ram Vs. Rent Appellate Tribunal, Jaipur & Ors. Date Of Order :: 26/05/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Kapil Totla, for petitioner. Mr. Hemant Sharma, for respondent. Instant petition has been filed by the petitioner-tenant assailing the judgment of the Rent Tribunal dt.16.09.09 (Ann.1) and so also of the Appellate Rent Tribunal dt.26.04.2010, whereby the finding of personal and bonafide necessity of non-petitioner- plaintiff-landlord has been finally upheld by both the Tribunals. The non-petitioner-plaintiff filed eviction petition u/s.9 of the Rent Control Act,2001 seeking decree of eviction from the shop on the ground of personal and bonafide necessity. The learned Rent Tribunal after adjudication of the matter upheld the personal and bonafide necessity of the non-petitioner- plaintiff and the Appellate Rent Tribunal while upholding the finding of fact recorded by the Rent Tribunal rejected the appeal preferred by the petitioner. Taking note of concurrent finding of fact recorded by both the Rent Tribunal and by the Appellate Rent Tribunal, counsel submits CW 7644/10 (2) that some reasonable time may be granted to the petitioner to shift his running tea stall to another alternative place since it is his only source of livelihood. Counsel for the respondent on the other hand submits that there is a concurrent finding of fact and six months time was granted by the Rent Tribunal and in such circumstances there is no reasonable justification to grant any further time to the petitioner in the facts of the instant case. After hearing counsel for the parties and taking note of concurrent finding of fact recorded by both the Tribunals and particularly the submissions made by counsel for petitioner seeking reasonable time for handing over the vacant and peaceful possession of the property in question, this Court while upholding the finding considers it appropriate to modify the judgment and order of the Rent Appellate Tribunal and so also of the Rent Tribunal to the extent granting reasonable time to the petitioner to handover the vacant and peaceful possession of the rented property in question and accordingly it is directed that the petitioner will handover the vacant and peaceful possession of the rented property in question by 31.12.2011 and at the same time will also pay the arrears of CW 7644/10 (3) rent if any in terms of the judgment of the Rent Tribunal within two months from today and shall also continue to pay the regular rent in terms of the judgment of the Tribunal by 10th day of each succeeding month and shall further furnish an undertaking in writing before the Rent Tribunal to the effect as directed by this Court (supra), within six weeks. If the petitioner fails to pay the arrears of rent within the time provided supra or commits two consecutive defaults in making the payment of monthly rent, the respondent- plaintiff will be at liberty to file an application for execution prior thereto and further if the petitioner fails to handover the vacant and peaceful possession of the rented property in question by 31.12.2011, the respondent will be at liberty to file an application in these very proceedings for alleged disobedience of order being committed. With these directions/observations and modification referred to supra, the instant petition stands disposed of. (Ajay Rastogi),J. VS Shekhawat/-p.3 7644cw10May28VactPropRent.doc