1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.9099/2007 {Mahesh Kumar Soni Versus Guman Singh & Others} Date of Order :: 17th July, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Akhil Simlote for the petitioner Mr. Mahesh Kumar Soni, petitioner in person Mr. Raj Kumar, brother of the petitioner in person Mr. G.P. Sharma for the respondent no. 1 Mr. Guman Singh, respondent no. 1 in person BY THE COURT: Mr. Akhil Simlote, counsel for the petitioner alongwith the petitioner Shri Mahesh Kumar Soni and Shri Raj Kumar, brother of the petitioner Mahesh Kumar Soni present in person. Mr. G.P. Sharma, counsel for the respondent no. 1 with Mr. Guman Singh, respondent no. 1, present in person. 2. The plaintiff-respondent no. 1 filed a suit for eviction in respect of rented premise against the defendant-petitioner in the trial court wherein ex-parte order was passed on 16th July, 2004 and thereafter ex-parte decree was passed on 14th September, 2005. The petitioner filed an application under Order 9 Rule 13 CPC in the trial court on 16th February, 2006 which was dismissed by the trial court vide order 2 dated 27th October, 2006. Thereafter an appeal was preferred by the petitioner which was also dismissed by first appellate court on 24th October, 2007. Both the aforesaid orders have been challenged by defendant in this writ petition. 3. During the course of arguments, learned counsel for the petitioner, on instructions of his client, does not press the writ petition on merits and submitted that a reasonable time of two years be granted to the petitioner to vacate the rented premise. 4. Learned counsel for the plaintiff- respondent, on instructions of his client, agreed to the aforesaid submission of learned counsel for the petitioner but he contended that the petitioner be directed to pay all arrears of rent due till now and the future mesne-profits be enhanced till the actual date of delivery of possession of the rented premise. 5. Both the parties have agreed to dispose of the writ petition 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 on or before 17th 3 July, 2010. (ii) The petitioner undertakes to pay or deposit entire arrears of rent, if any, within a period of one month from today and will further continue to pay the monthly mesne- profits of the rented premise @ Rs. 1000/- with effect from 1st July, 2008 till the date of actual delivery of possession thereof, by 15th day of next succeeding month or in advance to the respondent. (iii)The petitioner undertakes that he shall not sublet, 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 the aforesaid period. (iv) The respondent shall furnish his bank account to the petitioner or his counsel within a period of two weeks from today and on furnishing the same, the petitioner shall deposit the arrears of rent and future mesne-profit, as directed above, in the above bank account of the respondent. In case the respondent fails to furnish the bank account, then the petitioner will be free to deposit the same in the trial court. (v) The petitioner shall furnish a written undertaking incorporating the aforesaid conditions in the 4 trial court or in this court within a period of four weeks from today with advance copy to learned counsel for the respondent. (vi) The plaintiff-respondent has given no objection to the petitioner to take electricity connection in the rented premise at his own expenses 6. In case the petitioner fails to comply with any of the aforesaid conditions or fails to pay the arrears of rent or mesne-profits, as directed above, for consecutive two months, it will be open for the respondent to get the decree of eviction executed even before the aforesaid date. 7. With the aforesaid terms, conditions and directions, the writ petition is, accordingly, dismissed as not pressed. 8. In view of above, the application under Article 226(3) of the Constitution stands disposed of. (NARENDRA KUMAR JAIN),J. DK