1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.3995/2008 {Narendra Mohan Versus Gayatri Devi & Others} Date of Order :: 22nd September, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Sanjay Mehrishi for the petitioner Mr. Sanjeev Singhal for the respondents. BY THE COURT: Admit. Mr. Sanjeev Singhal appears for the contesting respondents. On the request of learned counsel for the parties, the case is taken up for hearing and the same is being disposed of. 2. Heard learned counsel for the parties. 3. The learned counsel for the petitioner does not press the writ petition on merits and submits that a reasonable time may be granted to the petitioner to vacate the rented premise. He further submits that the petitioner will pay the mesne-profits @ Rs.500/- per month with effect from 1st October, 2008, till the date of actual delivery of possession of the rented premise to the plaintiff-respondent no.1. 4. Learned counsel for the plaintiff- respondent no.1 has no objection for grant of one year's time to the petitioner to vacate the 2 rented premise. He has also no objection in awarding mesne-profit @ Rs. 500/- per month. 5. On the consent of the learned counsel for the parties based on the instructions of their respective parties, the writ petition is disposed of 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 no. 1 on or before 30th September, 2009. (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. 500/- with effect from 1st October, 2008 till the date of actual delivery of possession thereof, by 15th day of the next succeeding month or in advance to the respondent no.1. (iii)The petitioner further 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 no.1 shall furnish her bank account to the petitioner 3 or his counsel within a period of one week 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 no.1. In case the respondent no.1 fails to furnish the bank account to the petitioner or his counsel, then the petitioner will be free to deposit the same in the Tribunal itself. (v) The petitioner shall furnish a written undertaking incorporating the aforesaid conditions in the Tribunal or in this court within a period of four weeks from today with an advance copy to learned counsel for the respondent no.1. 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 no.1 to get the decree of eviction executed even before the aforesaid date and to initiate contempt proceedings in this Court. 7. With the aforesaid terms, conditions and directions, the writ petition is, accordingly, dismissed as not pressed. (NARENDRA KUMAR JAIN),J. 4