CW 3630/10 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3630/10 Udai Prakash Paliwal Versus Judge, Appellate Rent Tribunal & Ors. DATE OF ORDER : 29/03/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Hemant Sharma, for petitioner Mr. Giriraj Bardhar, for respondent Instant petition has been filed by petitioner-defendant assailing decree dt.10th January, 2008 passed by Rent Tribunal. Against the said decree, appeal preferred by petitioner has been rejected by the Appellate Rent Tribunal vide judgment & decree dt.3rd February, 2010. Application was filed by non-petitioner u/s.9 of Rajasthan Rent Control Act, 2001 on the ground of default in payment and rented premises having become unsafe or unfit for human habitation. Both the issues were decided against the petitioner and finding of the Tribunal has also been affirmed by Appellate Rent Tribunal while rejecting appeal on 3rd February, 2010. Counsel for petitioner has tried to convince this Court that the finding recorded on both the issues is not legally sustainable and requires interference. But, thereafter, he made a request that sometime may be granted to the petitioner for handing over the peaceful & vacant possession of the suit property since he is presently residing in the suit property in question. Counsel for respondents Mr.Bardhar submits that whatever time this Court considers CW 3630/10 [2] reasonable may be granted. But, at the same time, the petitioner may be asked to deposit the outstanding rent which is due in terms of decree within reasonable time. After hearing Counsel for parties, in terms of consent recorded supra, the decree impugned stands modified and it is hereby directed that the petitioner will hand over peaceful & vacant possession of the suit property by 31st December, 2010 in terms of decree dt.10th January, 2008 [Ann.1]. In the meanwhile, the petitioner will pay the arrears of rent in terms of decree within two months from today and will continue to pay regular rent as determined by Tribunal on or before 7th day of each month. However, if the petitioner fails to pay arrears of rent within two months or makes any default for consequtive two months, the respondents will be at liberty to execute the decree even prior thereto. However, if petitioner fails to hand over the peaceful & vacant possession of the suit property by 31st December, 2010, the respondents will be at liberty to file misc. application for taking appropriate action against the petitioner for non-compliance of the order of this Court in this very writ petition. With these directions/observations, writ petition stands disposed of. [AJAY RASTOGI], J. FRBOHRA3630CW10 29-03.doc