CWP-7473/2010 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. SB CIVIL WRIT PETITION NO.7473/2010 Manohar Singh Vs Rent Appellate Tribunal & ors. DATE OF ORDER : 24/05/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr.RP Garg, for petitioner. Mr.Manish Sharma, for respondents. Instant petition has been filed by the defendant petitioner (tenant) assailing the judgment passed by the learned Rent Tribunal, Jaipur dt. 16/07/2009 and so also the judgment dated 03/05/2010 passed by the learned Rent Appellate Tribunal, Jaipur whereby the bonafide and personal necessity of the plaintiff- respondent (landlord) has been upheld by both the courts below. However, after making submissions but in view of the concurrent findings of fact being recorded by both the Courts below, counsel for defendant-petitioner(tenant), after taking instructions from his client who is present in Court, submits that at least some reasonable time may be granted to the defendant-petitioner (tenant) to handover the vacant and peaceful possession of the rented property. Counsel for plaintiff- respondent (landlord), on the other hand, after taking instructions from his client who is also CWP-7473/2010 2 present in court, submits that whatever reasonable time the Court considers it appropriate, in the facts and circumstances of the case, may be granted to the defendant- petitioner (tenant) for handing over the peaceful and vacant possession of the rented premises to the plaintiff-respondent (landlord) without any further delay as the plaintiff- respondent (landlord) is a retired person. Taking note of the concurrent findings of fact, this Court does not find any error apparent on the face of record being committed by the courts below so as to call for interference. However, taking note of the submissions made by counsel for defendant-petitioner (tenant) seeking reasonable time for handing over the vacant and peaceful possession of the premises in question, while upholding the judgments passed by the Courts below, this Court considers it appropriate to modify the judgment of learned Rent Tribunal to the extent of granting reasonable time to the defendant- petitioner (tenant) to handover the vacant and peaceful possession of the rented premises in question by 30st June, 2011. However, at the same time, the defendant-petitioner (tenant) will pay the arrears of rent in terms of the judgment and decree passed by the learned Rent CWP-7473/2010 3 Tribunal to the plaintiff-respondent (landlord) within a period of two months from today, if any, and will also continue to pay the monthly rent before 10th day of each succeeding month and if he fails or commits two consecutive defaults in payment of monthly rent, the plaintiff-respondent (landlord) will be at liberty to file application for execution of the judgment and decree prior thereto and if the defendant-petitioner (tenant) fails to handover the vacant and peaceful possession of the rented premises by 30st June, 2011, the plaintiff-respondent (landlord) will be at liberty to file Misc. Application before this Court in regard to the alleged disobedience, if any being committed by the defendant-petitioner (tenant) in compliance of the order of this Court. An undertaking to the said effect will be submitted by the defendant-petitioner (tenant) before the learned Rent Tribunal within six weeks from today. With the above directions/observations, the writ petition stands disposed of. [AJAY RASTOGI], J. Raghu/p.3/ 7473-CW2010-final.doc