CW 5198/10 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.5198/2010 Ramu Lal Jain Vs. The Rent Tribunal, Alwar & Anr. Date Of Order :: 18/05/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Sudesh Bansal, for petitioner. Mr. Manish Sharma ] Mr. Pankaj Jain on behalf of ] for respondents. Mr. Manu Bhargava, . Instant petition has been filed by the defendant-petitioner (tenant) assailing the judgment and decree of the Rent Tribunal, Alwar dt.7.4.06 (Ann.1) and so also of the Appellate Rent Tribunal dt.4.2.2010 (Ann.2). Application was filed by respondent- plaintiff before the Rent Tribunal under section 6 of the Act,01. The learned Tribunal after hearing the parties allowed the application vide order dt.7.4.06 and the appeal preferred by the petitioner-defendant was rejected vide order dt.4.2.2010. Counsel for petitioner after arguing for sometime and taking instructions from his client submits that some reasonable time may be granted to the petitioner for handing over the vacant and peaceful possession of the property in question. CW 5198/10 (2) Taking note of the concurrent finding of fact recorded by the Rent Tribunal as well as Appellate Rent Tribunal, which has been impugned in the instant petition and the submissions made by the 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 of both the Tribunals considers it appropriate to modify the orders impugned to the extent that petitioner will handover the vacant and peaceful possession of the property in question by 31.12.2011, at the same time he will also pay the arrears of rent determined by the Rent Tribunal if any, within two months from today and shall also make the payment of monthly rent in terms of the order of the Tribunal on or before 10th of each succeeding month and shall further furnish an undertaking in writing before the Rent Tribunal to the effect as directed by this Court, 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 CW 5198/10 (3) 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 5198cw10May18Fnl.doc