IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.97/2008 {Shri Chand Mohammad Versus Rent Appellate Tribunal & Others} Date of Order :: 16th September, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. M.M. Ranjan for the petitioner Mr. Ashok Gaur for the respondent no.3 Shri Chand Mohammad, petitioner is present in person BY THE COURT: Admit. Mr. Ashok Gaur appears for the contesting respondent. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner does not press the writ petition on merits and prays for grant of time to vacate the rented premise. He further submits that petitioner will pay monthly mesne-profit @ Rs. 900/- with effect from 1st September, 2008 till the date of actual delivery of possession of the rented premise to the respondent. 4. Learned counsel for the respondent no.3 has no objection for grant of one year's time to the petitioner to vacate the rented premise. He has also no objection in awarding mesne-profit @ Rs. 900/- per month during this period. -2- 5. On the consent of the learned counsel for the parties based on the instructions of their respective parties, the writ petition is disposed of on the following terms and conditions: (i) The petitioner undertakes to hand over the vacant and peaceful possession of the rented premise to the respondent no.3 on or before 16th September, 2009. (ii)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 @ of Rs. 900/- with effect from 1st September, 2008, till the date of actual delivery of possession thereof, by 15th day of the next succeeding month or in advance to the respondent no.3 (iii) 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 he aforesaid period. (vi)The respondent no.3 shall furnish his bank account to the petitioner or his counsel within a period of one week from today, and, on -3- 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 respondent no.3. In case the respondent no. 3 fails to furnish the bank account to the petitioner or his counsel, then the petitioner will be free to deposit the same in the Tribunal itself. (v) The petitioner shall furnish a written undertaking incorporating the aforesaid conditions in the Lower Court within a period of four weeks from today. 6. 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 respondent no.3 to get the decree of eviction executed even before the aforesaid date and to initiate contempt proceedings in this Court. 7. With the aforesaid terms, conditions and directions, the writ petition is, accordingly, disposed of. 8. Since the writ petition itself has been disposed of, there is no need to pass any order on the application filed under Article -4- 226(3) of the Constitution and the same also stands disposed of. (NARENDRA KUMAR JAIN),J. DK