1 S.B. CIVIL WRIT PETITION NO. 4124/2009. ( Gurumukh Das Vs. Khojema & Ors.) Date of Order :: 15th July 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. J.S. Choudhary & Mr. Pradeep Choudhary, for the petitioner Mr. S. L. Jain, for the respondent ..... BY THE COURT: On 13.07.2009, during the course of submissions in this writ petition, preferred against the order dated 18.03.2009 as passed by the Appellate Rent Tribunal, Chittorgarh in Appeal No. 09/2009 affirming the order for eviction as passed by the Rent Tribunal, Chittorgarh in Original Application No. 27/2004, the learned counsel for the petitioner fairly submitted that instead of pressing on any other ground in this petition, the petitioner would only pray for granting him some extra time to vacate the suit premises particularly when he shall have to make alternative arrangement for the business; and further submitted that the petitioner would be willing to make payment of enhanced amount towards rent/mesne profits for such extra period. The petitioner has now submitted an undertaking to the effect that he shall hand over vacant and peaceful possession of the suit premises to the respondent by 31st May 2011 and that he shall make payment of rent @ Rs.2,000/- per month 2 w.e.f. 1st July 2009. Though learned counsel for the respondent-landlord submitted that the petitioner is seeking rather excessive time to vacate and has already enjoyed enough time since after making of the order by the Rent Tribunal; and if at all, he may be allowed some shorter period of, say, about one year or so but, having regard to the overall facts and circumstances of the case, the ground of default wherefor the certificate for recovery of possession has been issued; and the facts that the petitioner has been carrying on his business in the suit premises since long and has offered to make payment towards mesne profits an amount of Rs. 2,000/- per month, which is more than three times the last paid rent @ Rs. 600/- per month, it appears appropriate to allow him time to vacate the suit premises by 31st May 2011 while allowing to the respondent enhanced amount towards mesne profits, particularly during the extra period to vacate @ Rs.2,000/- per month from 1st July 2009 until the petitioner vacates the suit premises. Of course, for the other findings having not been challenged, the grounds as urged in the writ petition are rendered redundant and this petition is required to be, and is, hereby dismissed; however, the petitioner is granted time to vacate the suit premises by 31st May 2011 on the following conditions:- 3 (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 31st May 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 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. 2,000/- (Two Thousand) per month with effect from 1st July 2009 or deposit this amount in the bank account of the landlord (if the particulars thereof are furnished to the petitioner) month by month on or before 15th day of the next month. It is made clear that upon the petitioners’ failure to comply with any of the conditions aforesaid or violating any terms of the undertaking, the plaintiff-respondent shall be entitled to execute the certificate forthwith in accordance with law. No costs. (DINESH MAHESHWARI), J. 4 Mohan/