Dharamveer @APPELLANT@Hash Ami Chand

The writ petition has been preferred against the judgment and order dated 17.03.2018 and 18.12.2015 passed by the Appellate Rent Tribunal,

Hanumangarh and the Rent Tribunal cum Civil Judge (Senior Division), Hanumangarh vide which the eviction petition filed by the respondent-landlord

was allowed and accordingly upheld by concurrent findings. The Tribunal allowed the application for eviction against the petitioner tenant on the

ground of reasonable and bonafide need under Section 9(1) of the Rajasthan Rent Control Act, 2001.

While praying for setting aside the finding recorded by the courts below, learned counsel for the petitioner-tenant submitted that the shop in possession

measuring 12 x 25 is situated at New Market, near Old Municipal Board. The respondent No.1 is the owner of the eastern portion measuring 6.9 x 25

feet and the respondent No.2 is the owner of remaining western portion measuring 5.9 x 25 and there is no wall to divide these both portions. Since

both the respondents are claiming the said shop for their respective individual bonafide requirement, the very bonafide need is a sham as the by-laws

issued under Rajasthan Urban Improvement Act, 1959 does not allow the sub-division of the shop measuring 12 x 25 feet as in the present case.

The argument raised by the learned counsel for the petitioner cannot be sustained in the facts of the present case.

At this stage, the petitioner himself came forward to instruct the learned counsel for the petitioner and stated before this Court that the does not wish

to press the present writ petition but reasonable time be granted for vacating the premises.

In view of the statement made by the learned counsel for the petitioner on instructions from the petitioner, the writ petition is dismissed as not pressed.

However, the petitioner is allowed to retain the premises till 31.08.2019 with an undertaking to be submitted before the Tribunal within ten days from

today that he shall hand over the vacant possession on or before 31.08.2019 and shall also deposit the increased rent at the rate of Rs.6,000/per month

as agreed before the Court with effect from 1.8.2018 in the bank account of Chiman Lal (A/c No.65138286069 / IFSC Code: SBIN0050614). The

arrears of rent shall also be deposited within one month from today. In case, the petitioner fails to give the undertaking within ten days or also fails to

pay the rent at the rate of Rs.6000/- per month from 1.8.2018 till handing over the vacant possession as above, the respondent-landlord shall be at

liberty to proceed for execution. However, in case the petitioner gives an undertaking but does not hand over the vacant possession by 31.08.2019, the

respondent-landlord shall be at liberty to proceed for execution as well as avail the remedy of contempt petition.