1 Smt. Mohini Devi & Ors. Vs. State of Rajasthan and Ors. (S.B.CIVIL WRIT PETITION NO.953/2010) Date of Order : 19.3.2010 HON'BLE MR.JUSTICE SANGEET LODHA Mr. Suresh Shrimali, for the petitioners. Mr. J.R.Patel, for the respondent No.2. 1. This writ petition is directed against judgment and certificate dated 03.11.09 passed by Appellate Rent Tribunal, Jodhpur in Appeal No.18/08 whereby the appeal preferred by the petitioners against judgment and certificate dated 17.11.2007 passed by Rent Tribunal, Jodhpur in Original Application No.176/04 granting application of the respondent herein for eviction of the petitioners from the premises in question, has been dismissed. 2. The learned counsel appearing on behalf of the petitioners submits that petitioners are ready to vacate the premises, however, petitioners may be granted some time for the purpose of vacating the suit premises, on reasonable terms and conditions. 3. Mr. J.R.Patel, learned counsel appearing on behalf of the respondent no.2, in all fairness has not opposed the limited prayer made on behalf of the petitioners. 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 petitioners shall vacate and hand over the vacant possession 2 of the suit premises to the respondent No.2 Rameshwar Das Chela Mehant Chimni Ram on or before 31st March, 2011; (2)The petitioners 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 petitioners to the respondent within a period of one month from the date of this order; (4)The petitioners 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 petitioners shall not make any material alteration in the premises in question during the said period. (6)On the failure of the petitioners to comply with any of the aforesaid directions, the certificate shall become executable forthwith. No order as to costs. (SANGEET LODHA),J. rajesh