1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 342 of 2008 M/S GANESH AUTOMOBILES V/S KAMLESH & ORS. Mr. RK THANVI, for the appellant / petitioner Mr. NS RAJPUROHIT & Mr.SR SARAN for Mr. SAJJAN SINGH, for the respondent Date of Order : 20.5.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned counsel for the parties, perused the impugned order and that of the learned Rent Tribunal and learned Rent Appellate Tribunal. In our view the findings recorded in the impugned orders are pure findings of fact, and do not require any interference in our appellate jurisdiction. The appeal is, therefore, dismissed summarily. At this stage, learned counsel prays for some more time to vacate the premises. Considering the totality of circumstances, the appellant is granted one year's time to vacate the premises on the condition that the appellant pays to the landlord, 2 or deposits in the Court, 50% of the entire arrears of rent within a period of three weeks from today, and pays the remaining arrears of rent within a period of three months from today, and thereafter continues to pay amount equal to monthly rent by way of damage for use and occupation within 15 days of each succeeding month, and also gives an undertaking in the trial Court within a period of two weeks from today that he will comply with the above conditions including that he will deliver peaceful vacant possession on or before expiry of one year, also undertaking that as on day he is in possession of the premises, and that during this interregnum period, he will not part with possession of the premises to anybody. It is made clear that if any of the above stipulations of this order are not complied with, the indulgence granted to the appellant shall automatically come to an end, and the appeal shall stand dismissed unconditionally. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /tarun/