1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 719 of 2008 BHANWAR LAL & ANR V/S DHARMENDRA KUMAR & ORS Mr. VIJAY BISHNOI, for the appellants. Date of Order : 1.8.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned counsel for the appellants. Perused the impugned order. In our view, combined reading of Section 5 and Section 9 of the Rajasthan Rent Control Act, 2001, does show, that it does not necessarily require two independent notices, one under Sec. 5, informing the requisite bank account number and the other under proviso to section 9 (a). Rather, a proper reading of two provisoes appended to Section 9 (a) does make it clear that the provision of Sec. 5 is for the purpose of enabling the landlord to get out of the difficulty, enacted by the first proviso. Thus, where a combined notice is given, informing the requisite bank account number, and demanding to make the payment of arrears of rent, which arrears should of course be for a period of four months or more, and if the payment of such arrears, is not made within thirty days from the date of service of the notice, 2 the tenant incurrs liability for eviction. In that view of the matter, we do not find any ground to interfere in the impugned order of the learned Single Judge. The appeal is, therefore, dismissed. However, at the request of the learned counsel for the appellants, the appellants are given one year's time to vacate the suit premises on the condition that the defendants give an undertaking before the learned trial court within one month form today that on or before the expiry of the above period, they will peacefully hand over the vacant possession of the suit premises to the plaintiff and that during this period, they will not, in any manner, transfer the possession of the suit premises to anybody. Likewise, the entire decretal amount, so also all arrears of rent, if any, shall be deposited by the appellants in the trial court within one month from today and shall further continue to deposit amount equal to the monthly rent by way of damages for use and occupation by 15th of each succeeding month, till the actual delivery of possession. In case the appellants fail to comply with any of the above conditions, the respondent will become automatically entitled to execute the decree forthwith. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /ns./