CW 13049/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** 1-Civil Writ Petition No.13049/2010 Sita Ram Versus Appellate Rent Tribunal Kota & Ors 2-Civil Writ Petition No.13050/2010 Abdul Sattar through L/r Abdul Sattar Versus Appellate Rent Tribunal Kota & Ors 3-Civil Writ Petition No.13141/2010 Abdul Rashid Versus Appellate Rent Tribunal Kota & Ors Date of Order : 27/10/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Ravi Kasliwal, for petitioners (tenant) Mr. RP Garg, for respondent (landlord) Since these petitions involve common issue, hence were heard together at joint request and are being disposed of by this order. These petitions have been by petitioners (tenants) assailing judgment of the Rent Tribunal whereby applications filed by respondents (landlord) was decreed on the grounds of bonafide & reasonable necessity and denial of title against the petitioners (tenant) who were directed to hand over vacant possession in terms of decree impugned; which was upheld by Appellate Tribunal while dismissing appeal vide judgments impugned. This Court heard the Counsel for petitioners at admission stage; however, taking note of concurrent finding of facts recorded by Rent Tribunal vide judgments impugned while passing decree of eviction on the grounds of reasonable & bonafide necessity & denial of CW 13049/10 //2// title, Counsel for petitioners finally requested that petitioners may be granted some reasonable time to find out alternative accommodation and taking note whereof, notices were issued vide order dt.01/10/2010. Today petitioners (tenant) and respondent (landlord) are present in person. 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 upto 31/03/2012. Consequently, writ petition is partly allowed; while upholding the decree of eviction vide judgments dt.21/07/2009 (Ann.4-CWP- 13049/10); dt.05/05/2009 (Ann.4-CWP-13050/10); & dt.23/02/2008 (Ann.4-CWP-13141/210), this Court considers it appropriate to modify the judgments to the extent of granting time to the petitioners (tenant) to hand over vacant & peaceful possession of the rented premise on or before 31/03/2012, and he will also furnish an undertaking that they would not part with the possession and would not create third party CW 13049/10 //3// 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 petitioners (tenant) will continue to pay monthly rent in terms of the decree on or before 07th of each succeeding month and in case petitioners (tenant) fail 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 decrees impugned (supra) 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 before this Court against tenant for alleged disobedience of the order of the Court. No order as to costs. (Ajay Rastogi), J. K.Khatri/p3/ 13049CW2010Oct27DspRentVcte.doc