CW 12767/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.12767/2010 Hanuman Prasad Versus Kishan Lal & Ors Date of Order : 06/10/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Anil Mehta, for petitioner (tenant) Mr. SK Gupta, for respondents (landlord) Instant petition has been filed by petitioner (tenant) assailing judgment of the Rent Tribunal whereby application filed by respondents (landlord) was decreed on the ground of bonafide & reasonable necessity against the petitioner (tenant) who was directed to hand over vacant possession in terms of decree dt.02/04/2009 (Ann.3); which was upheld by Appellate Tribunal while dismissing appeal vide order dt.31/07/2010 (Ann.4). Respondents-1 to 4 filed application seeking eviction U/S 9 of Rajasthan Rent Control Act, 2001 (“Act, 2001”) on the grounds of bonafide & personal necessity. Counsel for petitioner tried to persuade the Court that the findings recorded by Rent Tribunal/Appellate Tribunal are wholly perverse and not supported by material on record. However, after making submissions for some time, and taking note of concurrent findings of fact & scope of judicial review of this Court U/Arts.226 & 227 of the Constitution CW 12767/10 //2// and taking instructions from his client, present in court, Counsel for petitioner submits that reasonable time for searching an alternative accommodation and for vacating the rented premises may be granted to him. On the other hand, Counsel for respondents (landlord) submits that the decree of eviction passed by Rent Tribunal on 02/04/2009 could not have been executed and even after the appeal filed by petitioner- tenant being dismissed by appellate Tribunal, more than one year has elapsed; in such circumstances, this Court may reasonably consider aforesaid aspect while granting time for vacation of rented premises in the facts of the instant case and on instructions from his client present in court, Counsel has agreed to grant time for vacation of rented premises upto 31/03/2012. This Court has considered contentions of Counsel for the parties and with their assistance examined material on record; does not find any error apparent on the face of record in concurrent finding of facts recorded by both the Tribunals. However, taking note of submissions made in regard to the time sought for handing over vacant & peaceful possession of the rented premises, this Court considers it appropriate to grant reasonable time upto 31/03/2012. CW 12767/10 //3// Consequently, writ petition is partly allowed; while upholding the decree of eviction vide judgment dt.02/04/2009 (Ann.3), this Court considers it appropriate to modify the judgments to the extent of granting time to the petitioner (tenant) to hand over vacant & peaceful possession of the rented premise on or before 31/03/2012, and he will also furnish an undertaking that he would not part with the possession and would not create third party right in regard to rented premises; and that apart, the rent in arrears, if any in terms of the judgments impugned herein, be paid within two months from today; and till vacation of rented premises, the petitioner (tenant) will continue to pay monthly rent in terms of the decree on or before 07th of each succeeding month and in case petitioner (tenant) fails to pay arrears of rent or in case of two consecutive defaults in payment of rent (supra), respondent (landlord) will be at liberty to file application for execution of decree dt.02/04/2009 prior thereto and in case of failure to hand over vacant & peaceful possession of the rented premises, respondent (landlord) will be at liberty to take appropriate action by filing misc. application against tenant for alleged disobedience of the order of this Court. No costs. (Ajay Rastogi), J. K.Khatri/p3/12767CW2010Oct6DspRentVcte.doc