Babulal Tailor (deceased) vs Shri Shankar Lal Lohiya S/o Shri Banshidhar Lohiya

After arguing the matter at some length, the learned Senior counsel

for the petitioner-tenant submits on instruction of his client that the

petitioner-tenant shall vacate the tenanted premises on or before May 31,

2019, during which period the petitioner-tenant would make

arrangements for an alternative premises to run his business.

Mr. Yash Sharma, Advocate appearing on behalf of the respondents-

landlords, with instruction from his clients agreed to the proposal of

learned counsel for the petitioner-tenant and submits that in the event of

the judgment and decree of the Appellate Rent Tribunal Jaipur

Metropolitan City, Jaipur dated 5-2-2015 were to be upheld, the

respondents landlords would have no objection with the petitioner-tenant

continuing in occupation of the tenanted premises in question only till

May 31, 2019 and in no event beyond the said date.

In view of the consent of learned counsel for the parties, the writ

petition is disposed of with the following directions:-

(i) The petitioner-tenant shall be entitled to continue in occupation

of the tenanted premises in question upto May 31, 2019, but not

beyond subject to condition that he would hand over the vacant

possession of the premises in question to respondents-landlords on

or before May 31, 2019.

(ii) The petitioner-tenant shall pay arrears of rent or mesne profits,

if any, till May 31, 2017, as determined by the courts within a period

of two months from today. (iv) The petitioner-tenant commencing 1 st June, 2017 shall pay to

respondents-landlords, mesne profits @ Rs.1500/- per month on or

before 10th of each month.

(v) The petitioner-tenant shall not alienate or otherwise create third

party right, or hand over possession of the tenanted premises in

question to any other person.

Further, the petitioner-tenant shall submit an undertaking

incorporating the aforesaid conditions before the Rent Tribunal Jaipur

Metropolitan city, Jaipur, within a period of thirty days, from the date of

this order. In case the petitioner-tenant fails to submit the undertaking as

aforesaid within thirty days from today, and/ or breaches the conditions of

this order, the respondents-landlords shall be entitled to the immediate

execution of the judgment and possession certificate dated 5-2-2015 and

obtain possession of the premises in issue forthwith in accordance with

law. The breach of this order shall also be liable to be punished as

contempt of the court.

The writ petition stands disposed of accordingly.