1 S.B.CIVIL MISC. APPLICATION NO.183/2009. IN S.B.CIVIL WRIT PETITION NO.6805/2008. Kunj Bihari Kansadiya.VS Lalita Sharma & Anr. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPLICATION NO.183/2009. IN S.B.CIVIL WRIT PETITION NO.6805/2008. Kunj Bihari Kansadiya. VERSUS Lalita Sharma and Another. 11.11.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.N.K.Maloo, for the applicants/landlord. Mr.J.P.Goyal, for the non-applicant/tenant. Mr.Kunj Bihari Kansadiya, tenant present in person. ***** The submission of the learned counsel for the applicant is that the respondent/tenant in terms of the undertaking has not deposited the rent in accordance with the decree of the learned Tribunal but is only depositing the rent at the prevailing rate. Learned counsel for the respondent, on the other hand, submitted that since the operation of the execution of the decree of the learned Tribunal had been stayed, the non-applicant/respondent was under the impression that he does not have to deposit the rent at the increased rate under the decree of the learned Tribunal. Having heard learned counsel for the parties, I am of the view that the contention of the learned counsel for the respondent cannot be accepted. The learned counsel for the respondent has submitted that 2 S.B.CIVIL MISC. APPLICATION NO.183/2009. IN S.B.CIVIL WRIT PETITION NO.6805/2008. Kunj Bihari Kansadiya.VS Lalita Sharma & Anr. the non-applicant/tenant was under a bonafide belief and that he shall now deposit the dues of the rent and its arrears on the basis of the decree of the learned Tribunal dated 19.04.2006 within six weeks from today. In view of the aforesaid undertaking which has been furnished by the non-applicant/tenant Kunj Bihari, who is present in person, it is directed that the respondent-tenant shall deposit the rent in terms of the decree of the learned Tribunal dated 19.04.2006 (less the amount which has already been deposited) in terms of the order of this court dated 05.08.2008 within six weeks i.e. on or before 31.12.2009 which would include the rent for the month of December, 2009 as well and continue to deposit the rent as per the said decree thereafter. It is now made clear that in case the non- applicant/tenant Kunj Bihari fails to comply with the aforesaid directions and deposit the increased rent in terms of the decree passed by the learned Tribunal, the applicants/landlord would be entitled to execute the decree forthwith. Subject to the aforesaid, this misc. application stands disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.