1 S/2 S.B. CIVIL WRIT PETITION NO.1300/2009. Mohan Lal Vs. Dayal Singh & Ors. Date of Order :: 21st April 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Deelip Kawadia, for the petitioner. Mr. Arun Bhansali, for the respondent No.1. . .... BY THE COURT: This matter was considered on 16.04.2009 and the submissions as made by the learned counsel for the parties were noticed and directions were issued thus,- “Though the matter is listed for dictation of order; however, at request, learned counsel for the parties have been heard further. After attempting to argue for some more time, learned counsel for the petitioner-tenant submitted that having regard to the circumstances of the case, even if the petitioner is not able to make out a case for interference in the writ jurisdiction of this Court in the orders as passed by the Rent Tribunal and the Appellate Rent Tribunal, the petitioner seeks indulgence of granting of some more extra time beyond the statutory period to vacate the suit premises wherein he had been carrying on business for last over 30 years. Learned counsel Mr. Arun Bhansali appearing for the respondent-landlord submits that the respondent shall not stand ceremonies and shall not oppose granting of some reasonable time to the petitioner so as to enable to make alternative arrangements but then, would make a prayer for allowing him 2 enhanced mesne profits particularly during the period the petitioner would be retaining the shop, if indulgence is extended by this Court. Learned counsel appearing for the petitioner submits that the petitioner is ready to submit an undertaking to abide by the final orders to be passed in this matter. A specific undertaking may be submitted on behalf of the petitioner on or before 20.04.2009. List this matter for dictation of order on 21.04.2009.” The petitioner has now submitted an undertaking pursuant to the order dated 16.04.2009 stating thus,- “1. That the matter was listed before this Hon'ble Court on 16.04.09 and both the parties agree to dispose of this writ petition on the following terms and conditions:- (i) The petitioner undertakes to hand- over the vacant and peaceful possession of the shop premises, in dispute to the respondent no.1, on or before 30.6.2011. The respondent no.1 shall not execute the impugned decree till 30.6.2011. (ii) The petitioner undertakes to pay or deposit the mesne profit at the rate of Rs.2200/- per month w.e.f. May, 2009 and will further continue to pay the mesne profit each month by 15th day of the next succeeding month or in advance to the respondent. (iii) The petitioner further undertakes that he shall not sub-let, assign or part with the possession of the shop premises 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. 3 (iv) Learned counsel for respondent- landlord will give the details of his bank account number in which the aforesaid mesne profits, will be deposited. It is, therefore, humbly prayed that application may kindly be allowed in light of aforesaid undertaking by the petitioner. The undertaking may kindly be taken on record and the writ petition may kindly be disposed in view of the agreement between both the parties.” Having regard to the facts and circumstances of the case, it appears appropriate to allow time to the petitioner to vacate the suit premises by 30th June 2011. Learned counsel for the respondent has rightly prayed for allowing to the respondent reasonable amount towards damages for use and occupation of the suit premises, particularly during the extra period to vacate as being allowed in this writ petition. It is stated that last paid rent has been @ Rs.700/- per month. Having regard to the overall facts and circumstances of the case, it appears appropriate to allow mesne profits to the respondent from 1st May 2009 until the petitioner vacates the suit premises @ Rs.2,200/- per month. Of course, for no ground to interfere otherwise, this writ petition is dismissed; however, the petitioner is granted time to vacate the suit premises by 30th June 2011 on the following 4 conditions:- (i) The petitioner shall personally submit an undertaking supported by affidavit before the Rent Tribunal within three weeks from today to the effect that on or before 30th June 2011, he shall hand over peaceful and vacant possession of the suit premises to the plaintiff-respondent. He shall also undertake not to cause any damage to the suit premises nor to make any alteration and not to assign, sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance. (ii) The petitioner shall deposit within three weeks the arrears, if any, of the rent/mesne profits and of the decreetal amount and shall further pay to the landlord the amount for use and occupation of the suit premises at the rate of Rs. 2,200/- (Two Thousand Two Hundred) per month with effect from 1st May 2009 or deposit this amount in the bank account of the landlord (particulars whereof are said to have already been furnished to the petitioner) month by month on or before 15th day of the next month. It is made clear that upon the petitioner's failure to comply with any of the conditions aforesaid or violating any terms of the undertaking, the applicant-respondent No.1 shall 5 be entitled to get the Certificate of Possession executed forthwith in accordance with law. No costs. (DINESH MAHESHWARI), J. /Mohan/