1 S.B.Civil Writ Petition No. 2638/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Kishan Lal Vs. Shashi Bhargava S.B.Civil Writ Petition No. 2638/2009 ......... Date of Order : 11.05.2009 P R E S E N T HON'BLE MR. JUSTICE H.R.PANWAR Mr. S.K.Verma for the petitioner. Mr. R.K.Singhal for the respondent. BY THE COURT By the instant writ petition under Article 227 of the Constitution of India, the petitioner tenant has challenged the orders dated 24.3.2007 and 14.01.2009 passed by Rent Tribunal and Appellate Rent Tribunal respectively on an application filed by the respondent landlord under Section 9 and 10 of the Rajasthan Rent Control Act, 2001 (for short 'the Act of 2001' hereinafter). The Rent Tribunal by order dated 24.3.2007 directed the eviction of the tenanted premises from the possession of the petitioner tenant. On an appeal before the Appellate Rent Tribunal, the appeal came to be dismissed by order dated 14.1.2009. 2 S.B.Civil Writ Petition No. 2638/2009 The matter came up before this Court on 27.3.2009. Upon hearing learned counsel for the petitioner, this Court made the following order:- “No case for interference is made out in the concurrent finding given by Rent Tribunal as well as by Appellate Rent Tribunal. However, there is substance made in the prayer by learned counsel for the petitioner for granting sometime for vacating the premises in question.” For the said purpose , the notice was issued to the respondent landlord. I have heard learned counsel for the parties on the question of granting reasonable period to vacate the premises in question. Learned counsel for the petitioner tenant submits that the premises in question is a commercial premises and therefore, a reasonable period of two years to vacate the premises may be granted to the petitioner and the petitioner will hand over the vacant possession of the premises in question on or before expiry of two years and would continue to pay the mesne profit month by month and would furnish the undertaking to abide by the order passed by this Court in this petition. Learned counsel appearing for the respondent landlord has no objection in granting time for a period of 18 months commencing from 01.06.2009 on furnishing the undertaking to 3 S.B.Civil Writ Petition No. 2638/2009 abide by the orders passed by this Court to vacate the premises on or before expiry of 18 months from 1.6.2009 and pay the mesne profit month by month by 15th of each month. In this view of the matter, the writ petition filed by the petitioner is dismissed with no order as to costs, however, the petitioner is granted time to vacate the premises in question by 30th November, 2010 on the following conditions:- (1) The petitioner shall personally submit an undertaking supported by affidavit before the respondent Rent Tribunal within three weeks from today to the effect that on or before 30th November, 2010, he shall hand over peaceful and vacant possession of the premises in question to the respondent landlord. He shall also undertake not to cause any damage to the premises in question; not to make any alteration; not to assign, sublet or in any manner part with possession to any other person; not to put the premises to any use other than the present use; and not to cause any nuisance. (2) The petitioner shall deposit within three weeks the arrears, if any, of the rent/ mesne profits and shall further pay to the respondent landlord the amount for use and occupation of the premises in question w.e.f. 01.06.2009 month by month or deposit this amount in the bank account of the landlord (particulars whereof may be furnished to the petitioner within two weeks from today by the respondent landlord) month by month on or before 15th day of the next month. It is made clear that upon the petitioner's failure to 4 S.B.Civil Writ Petition No. 2638/2009 comply with any of the conditions aforesaid or violating any term of the undertaking, the respondent landlord shall be entitled to execute the order and the certificate forthwith in accordance with law. (H.R.PANWAR), J. rp 5 S.B.Civil Writ Petition No. 2638/2009 S.B.Civil Misc. Stay Petition No. 4522/09 In S.B.Civil Writ Petition No. 2638/09 Date of Order : 11/05/2009 HON'BLE MR. JUSTICE H.R.PANWAR. Mr. S.K.Verma for the petitioner. Mr. R.K.Singhal for the respondent. Since the writ petition itself has been dismissed, the stay petition also stands dismissed. (H.R.PANWAR), J. rp