1. S.B. CIVIL WRIT PETITION NO.6079/2010 State of Rajasthan & Ors. Vs. Badri Das & Anr. Date of Order :: 26.8.2010 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. M.R. Singhvi, for the petitioner. Mr. R.K. Thanvi, for the respondents. ... An application preferred by the plaintiff-respondent seeking eviction of the petitioner-defendant from the rented premises was accepted by the Rent Control Tribunal, Jodhpur vide judgment dated 22.4.2009. The appeal giving challenge to the judgment aforesaid also came to be rejected by the Rent Control Appellate Tribunal, Jodhpur vide judgment dated 22.4.2010. Being aggrieved by the same, this petition for writ is preferred. The contention of learned counsel for the petitioner is that the courts below failed to appreciate the fact that petitioner will suffer a hardship comparative higher then the respondents in the event of eviction of the premises. It is also stated that the courts below have not adequately appreciated the evidence, thus reached at a finding contrary to the facts. The bonafide necessity of the premises as a matter of fact has not been established. 2. On examination of the judgments impugned, it is apparent that the Rent Tribunal considered entire evidence available on record quite meticulously and gave a definite finding of fact. The Appellate Rent Tribunal re-examined the entire evidence and affirmed the finding given by Rent Tribunal, such finding of fact in no manner requires interference of this Court while exercising powers under Article 227 of the Constitution of India. Accordingly, the petition for writ stands dismissed. At this stage, it is contended by learned counsel for the petitioner that the petitioners are utilizing the premises to store 'bhang' and also articles seized under Excise Act, as such, some time shall be required for vacating the premises. The difficulty of the petitioner in immediate eviction appears to be genuine. Accordingly, while disposing of this writ petition, the petitioner is permitted to retain the premises in question with it upto 25.8.2011 subject to submission of an undertaking before the trial court within a period of 15 days from today in the following terms : (1)- He shall handover complete vacant possession of the rented premises in question to the respondent on or before 25.8.2011. (2)- He shall not part with the possession of the premises or any portion of it to anybody else before handing 3. over the vacant premises to the respondent. (3)- He shall make the payment of rent to the respondent month by month and that is before 7th day of every month. (4)- The arrears of rent and also the mense profit as determined and awarded shall be paid to the respondent within a period of one month from today. In the event, the petitioner do not submit an undertaking as aforesaid or violate any condition thereof, then the respondent would be entitled to get the order of eviction/decree executed. (GOVIND MATHUR), J. Sanjay/