CW 5016/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5016/2010 Fakruddin & Ors Versus Appellate Rent Tribunal Jaipur & Ors. Date of Order : 23/04/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Ashok Sharma, for petitioner (tenant) Mr. Ravi Shankar Sharma, with Mr. Mohd. Anees for respondent (landlord) Instant petition has been filed by petitioner (tenant) assailing judgment of the Rent Tribunal whereby application filed by respondent (landlord) was decreed and the petitioner was directed to hand over vacant possession in terms of decree dt.31/05/2008 (Ann.1); and the appeal preferred was rejected by Appellate Tribunal vide order dt.04/03/2010 (Ann.2). After making submission for some times while assailing the decree of eviction on merits, and after taking instructions from his client present in court today, and taking note of concurrent findings recorded by both the Tribunals, Counsel for petitioner submits that some reasonable time may be granted for vacating the rented premises. After having taken instructions from their clients who are present in court, both the Counsel submit that one & half year is reasonable time to hand over vacant & peaceful CW 5016/10 //2// possession of the rent premises. Taking note whereof, and after examining the material on record, this Court considers it appropriate that one and half year is sufficient to hand over vacant possession of rented premise of which the respondent (applicant) holds decree granted by rent Tribunal, which is agreed to both the parties. Consequently, writ petition is partly allowed and while upholding the decree of eviction vide judgment dt.31/05/2008 (Ann.1) this Court grants one & half year's time to the petitioner (tenant) to hand over vacant & peaceful possession of the rented premise on or before 31/10/2011, besides the rent in arrears, if any, be paid within two months from today and till vacation thereof, the petitioner will continue to pay monthly rent in terms of the decree on or before 7th of each month and in case of two consecutive default in payment of rent, and so also failure to vacate the suit premises & pay arrears of rent as directed (supra), respondent (landlord) will be at liberty to file application for execution of decree dt.31/05/2008 and can also file application for taking appropriate action against petitioner for disobedience of the order of this Court. No costs. (Ajay Rastogi), J. K.Khatri/p2/ 5016CW2010Apr23DspRentVcte.doc