// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5348/2008 Chittar Lal Sharma S/o Shri Sua Lal Sharma Versus Additional District Judge No.9, Jaipur City, Jaipur & Others Date of Order ::: 29.05.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Arun Bhandari, Counsel for petitioner Shri Rakesh Sharma S/o petitioner Chittar Lal Sharma, present-in-person Shri Manish Sharma, Counsel for respondents No.3 to 8 Shri Bhai Lal Patel, respondent No.8, present-in-person #### By the Court:- Heard learned counsel for the parties. Learned counsel for the petitioner does not press the writ petition on merits and prays for grant of time to vacate the rented premise. Learned counsel for the petitioner further agrees that the petitioner will pay monthly mesne-profit at the rate of Rs.750/-with effect from 1st May, 2008, till the date of actual delivery of possession of the rented premise to the respondents No.3 to 8. Learned counsel for the respondents No.3 to 8 has no objection for grant one year's time to the petitioner to vacate the rented premise. He has also no objection in // 2 // awarding mesne-profit at the rate of Rs.750/- per month during this period. On the consent of the learned counsel for the parties based on the instructions of their respective parties, who are personally present in the Court, the writ petition is disposed of on the following terms and conditions:- 1.The petitioner undertakes to hand-over the vacant and peaceful possession of the rented premise to the respondents No.3 to 8 on or before 31st May, 2009. 2.The petitioner undertakes to pay or deposit the entire arrears of rent, if any within a period of five weeks from today and will further continue to pay the monthly mesne-profit of the rented premise at the rate of Rs.750/- with effect from 1st May, 2008, till the date of actual delivery of possession thereof, by 15th day of the next succeeding month or in advance to the respondents No.3 to 8. 3.The petitioner further undertakes that he shall not sub-let, assign or part with the possession of the rented premise or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period. 4. The respondents No.3 to 8 shall furnish their bank account to the petitioner or his counsel within a period of one week from today, and, on furnishing the same, the petitioner shall deposit the arrears of the rent and future mesne-profit, as directed above, in the above bank account of the respondents No.3 to 8. In case the respondents No.3 to 8 fail to furnish the bank // 3 // account to the petitioner or his counsel, then the petitioner will be free to deposit the same in the Tribunal itself. 5.The petitioner shall furnish a written undertaking incorporating the aforesaid conditions in the Lower Court within a period of four weeks from today. It is made clear that in case the petitioner fails to comply with any of the aforesaid terms and conditions or fails to pay the mesne-profit, as directed above, for consecutive two months, then it will be open for the respondents No.3 to 8 to get the decree of eviction executed even before the aforesaid date and to initiate contempt proceedings in this Court. With the aforesaid terms, conditions and directions, the writ petition is accordingly dismissed as not pressed. (Narendra Kumar Jain) J. //Jaiman// // 4 //