CW 10517/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.10517/2009 Hanuman Prasad Versus Krishan Chand & Rent Appellate Tribunal, Sawai Madhopur Date of Order : 27/09/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Mohan Lal Goyal, for petitioner (tenant) Mr. NK Singhal, for respondent-1 (landlord) Instant petition has been filed by petitioner (tenant) assailing judgment of the Rent Tribunal whereby application filed by respondent (landlord) was decreed on the ground of sub-tenancy, bonafide & reasonable necessity against the petitioner (tenant) who was directed to hand over vacant possession in terms of decree dt. 01/06/2005 (Ann.10); which was upheld by Appellate Tribunal while dismissing appeal vide order dt.22/07/2009 (Ann.12). Respondent-1 filed application seeking eviction U/S 9 of Rajasthan Rent Control Act, 2001 (“Act, 2001”) on the grounds of bonafide & personal necessity and sub-tenancy. Counsel for petitioner tried to persuade the Court that the findings recorded by Rent Tribunal/Appellate Tribunal are wholly perverse and not supported by material on record. However, after making submissions for some time, and taking note of concurrent findings of fact & scope of judicial review of CW 10517/09 //2// this Court U/Arts. 226 & 227 of the Constitution and taking instructions from his client, Counsel for petitioner submits that reasonable time for searching an alternative accommodation and for vacating the rented premises may be granted. On the other hand, Counsel for respondent-1 submits that the decree of eviction was passed by Rent Tribunal on 01/06/2005 which could not have been executed for almost five years having rolled over by now and even after the appeal filed by petitioner- tenant being dismissed by appellate Tribunal, more than one year has elapsed; in such circumstances, this Court may reasonably consider aforesaid aspect while granting time for vacation of rented premises in the facts of the instant case. This Court has considered contentions of Counsel for the parties and with their assistance examined material on record; does not find any error apparent on the face of record in concurrent finding of facts recorded by both the Tribunals. However, taking note of submissions made in regard to the time sought for handing over vacant & peaceful possession of the rented premises, this Court considers it appropriate to grant reasonable time. Consequently, writ petition is partly allowed and while upholding the decree of CW 10517/09 //3// eviction vide judgment dt.01/06/2005 (Ann.10), this Court considers it appropriate to modify the judgments to the extent of granting time to the petitioner (tenant) to hand over vacant & peaceful possession of the rented premise on or before 30/09/2011, and will also furnish an undertaking that he would not part with the possession and would not create third party right in regard to rented premises; and that apart, the rent in arrears, if any in terms of the judgments impugned herein, be paid within two months from today; and till vacation of rented premises, the petitioner (tenant) will continue to pay monthly rent in terms of the decree on or before 10th of each succeeding month and in case petitioner (tenant) fails to pay arrears of rent or in case of two consecutive defaults in payment of rent (supra), respondent (landlord) will be at liberty to file application for execution of decree dt. 01/06/2005 prior thereto and in case of failure to hand over vacant & peaceful possession of the rented premises, respondent (landlord) will be at liberty to take appropriate action by filing misc. application against tenant for alleged disobedience of the order of this Court. No order as to costs. (Ajay Rastogi), J. K.Khatri/p3/ 10517CW2009Sep27DspRentVcte.doc