CWP-5852/2010 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. SB CIVIL WRIT PETITION NO.5852/2010 Satyanarayan Madani Vs Mohan Lal & ors. DATE OF ORDER : 18/05/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Dr. PC Jain, for petitioner. Mr. OP Gupta with Mr. Atul Saxena, for respondents. Instant petition has been filed by the defendant petitioner (tenant) assailing the judgment and decree passed by the learned Rent Tribunal, Jaipur dt. 20/10/2008 and so also the judgment dated 05/03/2010 passed by the learned Rent Appellate Tribunal, Jaipur by which the appeal preferred by the defendant- petitioner (tenant) has been rejected. The eviction application was filed by the plaintiff-respondent (landlord) before the learned Rent Tribunal, Jaipur under Section 9 of the Rajasthan Rent Control Act, 2001 for eviction on the premise of sub-letting and reasonable & bonafide necessity. The learned Rent Tribunal, decided the issues NO.1 and 2 in regard to sub-letting and reasonable & bonafide necessity in favour of the plaintiff-respondent (landlord) after examining the material and evidence which came on record vide judgment and decree dt. 20/10/2008 and the learned Rent Appellate CWP-5852/2010 2 Tribunal, after re-appreciating the material and evidence on record, upheld the findings of the learned Rent Tribunal while rejecting the appeal preferred by the defendant-petitioner (tenant) vide its judgment dt. 05/03/2010. It has been observed by the learned Rent Tribunal that the property in question was let out to the defendant-petitioner (tenant) vide rent note dt. 06/03/1987 (Exhibit-1) and the father of the defendant-petitioner (tenant), who was earlier the tenant, surrendered his tenancy rights and the proceedings for eviction initiated prior thereto not be considered as relevant in regard to eviction proceedings initiated by the plaintiff-respondent (landlord) against the present defendant- petitioner (tenant) as he became the tenant of the rented premise in question in pursuance to a rent note dt. 06/03/1987 (Exhibit-1). It has been further observed that the part of the rented property was sub-let to R.D. & Company, a proprietorship firm run by Mr. Anurag Modani who is elder brother's son (nephew) of the defendant-petitioner (tenant) and accordingly the Issue No. 1 in regard to sub-letting was decided against the defendant-petitioner (tenant). At the same time, so far as the reasonable & bonafide necessity of the plaintiff- CWP-5852/2010 3 respondent (landlord) is concerned, it was observed by the learned Rent Tribunal that the disputed rented premise was required for the plaintiff-respondent (tenant) to run the shop of hand-loom and hosiery. Counsel for petitioner has tried to persuade this Court that the findings which have been recorded by the learned Rent Tribunal are wholly perverse and not supported by the material on record. Counsel further submits that prior to the present eviction application filed by the plaintiff-respondent (landlord), at earlier two stages, the eviction proceedings were initiated but the plaintiff-respondent (landlord) but could not succeed and in those earlier proceedings as well, the plea of bonafide & personal necessity was rejected by the learned trial Judge but that has not been considered or taken note of by the learned Rent Tribunal while upholding the issue No.2 in regard to the personal & bonafide necessity in favour of the plaintiff-respondent (landlord). However, after making submissions but in view of the concurrent findings of fact being recorded by both the Courts below, counsel for petitioner submits that at least some reasonable time may be granted to the petitioner to handover the vacant and peaceful possession of the rented property since he is CWP-5852/2010 4 running his tenancy since March, 1987 and it would be difficult to shift his business at the present moment and it will take some time to look into alternative place for running his business. In view of the concurrent findings of fact, this Court does not find any error apparent on the face of record being committed by the learned Rent Tribunal in recording findings in regard to the issues No. 1 and 2 in favour of the plaintiff-respondent (landlord) which has also been appreciated and affirmed by the learned Appellate Tribunal while rejecting the appeal preferred by the petitioner. However, taking note of the submissions made by counsel for defendant-petitioner (tenant) seeking reasonable time for handing over the vacant and peaceful possession of the property in question, while upholding the judgment and decree passed by the Rent Tribunal as well as Appellate Tribunal, this Court considers it appropriate to modify the judgment of learned Rent Tribunal to the extent of granting reasonable time to the defendant- petitioner (tenant) to handover the vacant and peaceful possession of the rented premises in question by 31st December, 2011. However, at the same time, the defendant-petitioner (tenant) will pay the arrears of rent in terms of the CWP-5852/2010 5 judgment and decree passed by the learned Rent Tribunal to the plaintiff-respondent (landlord) within a period of two months from today, if any, and will also continue to pay the monthly rent before 10th day of each month and if he fails or commits two consecutive defaults in payment of monthly rent, the plaintiff- respondent (landlord) will be at liberty to file application for execution of the judgment and decree prior thereto and if the defendant- petitioner (tenant0 fails to handover the vacant and peaceful possession of the rented premises by 31st December, 2011, the plaintiff- respondent (landlord) will be at liberty to file Misc. Application before this Court in regard to the alleged disobedience, if any being committed by the defendant-petitioner (tenant) in compliance of the order of this Court. An undertaking to the said effect will be submitted by the defendant-petitioner (tenant) before the learned trial court within six weeks from today. With the above directions/observations, the writ petition stands disposed of. [AJAY RASTOGI], J. Raghu/p.5/ 5852-CW2010-final -Rent Con.Find..doc