SBCWP NO.1883/2008 RAM KUMAR GEHLOT V/S SMT. SHARBAT JAIN AND ORS.. : JUDGMENT DTD.15.4.2008 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.1883/2008 Ramkumar Gehlot versus Smt. Sharbat Jain and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.C.P.Soni, for the petitioner Mr.O.P. Mehta, for the respondents. DATE OF JUDGMENT : 15th April, 2008. JUDGMENT 1. This writ petition has been filed by the petitioner being aggrieved of the order dated 11.12.2007 passed by the learned Rent Appellate Tribunal whereby the Appellate Tribunal granted 15 days' time to deposit arrears of rent and continue to pay mesne profit as directed by the learned Trial Court at the rate of Rs.200/- per month. 2. The learned counsel for the petitioner submits that arrears of Rs.11,000/- have been deposited by the tenant – petitioner on SBCWP NO.1883/2008 RAM KUMAR GEHLOT V/S SMT. SHARBAT JAIN AND ORS.. : JUDGMENT DTD.15.4.2008 2/2 18.3.2008 with the delay of approximately 3 months. The reason given for such delay is sickness of the tenant. The appeal against the eviction decree is pending before the said Appellate Tribunal. 3. In view of the facts and circumstances of the case, this writ petition is disposed of with a direction to the petitioner – tenant to pay mesne profit at the rate of Rs.1500/- per month to the respondent – landlord within 15 days of any of the month regularly. The delay in payment of arrears is condoned subject to aforesaid condition. The appeal of the tenant may be heard on merits. If there is any default in payment of this mesne profit by the petitioner – tenant, this order shall be treated as nonest and the writ petition shall be treated as dismissed. 4. With these observations this writ petition is disposed of. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.111 Ss/-