CW 5814/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5814/2010 Mukesh & Vinod Versus Rent Tribunal Jaipur & Ors. Date of Order : 03/05/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. MM Ranjan, for petitioners (tenants) Mr. Sandeep Pathak, for respondent-3 (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.28/08/2009 (Ann.1); and the appeal preferred was rejected by Appellate Tribunal vide order dt.10/04/2010 (Ann.2). Respondent-3 filed application seeking eviction U/s 9 of Rajasthan Rent Control Act, 2001 (“Act, 2001”) on the grounds of default and bonafide & personal necessity. After taking note of material on record, the Tribunal finally recorded the finding holding bonafide & personal necessity of respondent (landlord). Against the decree, appeal was preferred by petitioner tenant but while rejecting the same, the finding of fact in regard to personal necessity of the landlord was affirmed by appellate Tribunal vide judgment dt.10/04/2010. Counsel has also tried to persuade this CW 5814/10 //2// Court that the finding of fact recorded by the Tribunals are perverse but after making submission for some times, and taking note of concurrent findings recorded by the Tribunals, and taking instructions from his client who is present in court, submits that in the rent premises, the petitioner is also earning his livelihood; in such circumstances, he needs some reasonable time for an alternative accommodation and for vacating the rented premises. After having taken instructions from their clients present in court, both the Counsel submit that reasonable time to hand over vacant & peaceful possession of the rent premises on or before 31/03/2011 be granted. Taking note whereof, and after examining the material on record, this Court considers it appropriate to grant reasonable time 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.28/08/2009 (Ann.1) this Court grants time to the petitioner (tenant) to hand over vacant & peaceful possession of the rented premise on or before 31/03/2011, besides the rent in arrears, if CW 5814/10 //3// 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 10th 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.28/08/2009 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/p3/ 5814CW2010May3DspRentVcte.doc