1 SBCivil Writ Petition No.8941/2010 Kishor v. Shokat Ali Date of Order :: 18 th October, 2010 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. BL Choudhary, for the petitioner. .... This petition for writ is preferred to challenge the order dated 30.8.2010 passed by the Rent Tribunal, Jodhpur in Execution Petition No.24/2010. Briefly stated, facts of the case are that respondent Shokat Ali preferred an eviction petition against the petitioner before the Rent Tribunal, Jodhpur. The eviction petition came to be accepted on 25.2.2009. An appeal giving challenge to the judgment dated 25.2.2009 passed by the Rent Tribunal, Jodhpur came to be dismissed for want of prosecution on 15.3.2010. Subsequent thereto an application for restoration of the appeal was filed on 9.7.2010 and the appeal came to be restored. However, prior to that on 27.3.2010 the Rent Tribunal, Jodhpur appointed Shri Rajkumar Yadav as Commissioner for recovery of 2 possession of the rented premises with the assistance of police. Challenge to the same is given on various grounds. However, during the course or arguments counsel for the petitioner submits that he has already withdrawn the appeal preferred to challenge the order dated 25.2.2009 on 5.10.2010 with assertion that he want a year's time to get the premises vacated. A certified copy of the order passed by the Rent Appellate Tribunal permitting the petitioner to withdraw the appeal is also placed on record. From perusal of the order aforesaid it is apparent that the petitioner in presence of the respondent landlord submitted before the appellate court that he want to withdraw the appeal to get some reasonable time i.e. of one year to vacate the rented premises. Counsel for the petitioner in view of the factual position above submits that he may be permitted to withdraw this petition for writ by granting a year's time to vacate the rented premises and to hand-over vacant possession of that premises to the respondent. While dismissing this petition for writ, I consider it appropriate to accede to the request made by learned counsel for the petitioner. 3 Thus, the petitioner is permitted to retain the possession of the premises in question with him upto 17.10.2011 subject to submission of an undertaking before the trial court within a period of fifteen days from today in the following terms :- (1)-He shall handover complete vacant possession of the rented premises in question to the respondent on or before 17.10.2011. (2)- He shall not part with the possession of the premises or any portion of it to anybody else before handing over the vacant premises to the respondent. (3)- He shall make the payment of rent to the respondent month by month and that is before 7th day of every month. (4)- The arrears of rent and also the mesne profit as determined and awarded shall be paid to the respondent within a period of one month from today. In the event, the petitioner do not submit an undertaking as aforesaid or violates any 4 condition thereof, then the respondent would be entitled to get the order of eviction/decree executed. ( GOVIND MATHUR ),J. kkm/ps.