CW 4088/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.4088/2010 Cdr (Retd) Sushil Jain Versus P.O. Appellate Rent Tribunal Jaipur & Ors. Date of Order : 29/03/10 Hon'ble Mr. Justice Ajay Rastogi Mr. JK Dhingra, for petitioner Mr. Sanjeev Prakash Sharma, for respondent 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.02/11/2006 (Ann.2) within six months; and the appeal preferred was rejected by Appellate Tribunal vide order dt.22/02/2010 (Ann.1). Application was filed by respondent (landlord) U/s 9 of Rajasthan Rent Control Act, 2001 seeking eviction of the shop in question for his personal & bonafide necessity. The Rent Tribunal after taking note of material on record, decided issue No.1 in favour of landlord holding that the suit shop was required for him and his personal & bonafide necessity was proved from material on record. The appellate tribunal after appreciation of material on record, also upheld the finding arrived at under issue NO.1 and the decree of eviction was affirmed while CW 4088/10 //2// the appeal being dismissed vide judgment dt.22/02/2010 (Ann.1). After making submissions while assailing the decree on merits, Counsel for petitioner on instructions finally submits that some reasonable time be granted to vacate the suit shop. After hearing Counsel for parties and examining the material on record, this Court considers it appropriate that nine months will be sufficient to hand over vacant possession of suit shop 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.02/11/2006 (Ann.2) this Court grants Nine months time to the petitioner (tenant) to hand over vacant & peaceful possession of the suit shop on or before 31/12/2010 and till vacation thereof, the petitioner will continue to pay agreed 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 as directed (supra), respondent (landlord) will be at liberty to file application for execution of decreedt.02/11/2006 and can also file application for taking appropriate action CW 4088/10 //3// against petitioners for disobedience of the order of this Court. No costs. (Ajay Rastogi), J. K.Khatri/p3/ 4088CW2010Mar29DspRentVacate.doc