1 Manohar Lal Vs. Kimat Rai @ Kimat Ram and Ors. (S.B.CIVIL WRIT PETITION NO.2617/2010) Date of Order : 19.3.2010 HON'BLE MR.JUSTICE SANGEET LODHA Mr. Suresh Shrimali, for the petitioner. Mr. S.Saruparia, for the respondent No.1. Mr. Manohar Lal, petitioner present in person. 1. This writ petition is directed against judgment and certificate dated 20.11.09 passed by Appellate Rent Tribunal, Chittorgarh in Appeal No.31/09 whereby the appeal preferred by the petitioner against judgment and certificate dated 21.5.2008 passed by Rent Tribunal, Chittorgarh in Original Application No.16/05 granting application of the respondent herein for eviction of the petitioner from the premises in question, has been dismissed. 2. The learned counsel appearing on behalf of the petitioner submits that petitioner is ready to vacate the premises, however, petitioner may be granted some time for the purpose of vacating the suit premises, on reasonable terms and conditions. 3. Mr. S.Saruparia, learned counsel appearing on behalf of the respondent no.1, in all fairness has not opposed the limited prayer made on behalf of the petitioner. 4. Therefore, with the consent of the parties, on the facts and in the circumstances of the case, the writ petition is disposed of with the following directions:- (1)The petitioner shall vacate and hand over the vacant possession 2 of the suit premises to respondent no.1 Kimat Rai @ Kimat Ram on or before 31st March, 2011; (2)The petitioner shall continue to pay an amount equal to the rent determined by the learned Appellate Tribunal month by month as mesne profit towards the use and occupation of the premises during the said period. (3)The arrear of rent, if not already paid shall be paid by the petitioner to the respondent no.1 within a period of one month from the date of this order; (4)The petitioner shall submit an undertaking before the Rent Tribunal concerned latest by 12th April, 2010, for compliance of the order passed by this Court as aforesaid. (5)The petitioner shall not make any material alteration in the premises in question during the said period. (6)On the failure of the petitioner to comply with any of the aforesaid directions, the certificate shall become executable forthwith. No order as to costs. (SANGEET LODHA),J. rajesh