Kishan Lal vs Vimal Rai

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

petitioners-tenants submits on instruction of his clients that the

petitioners-tenants shall vacate the tenanted premises on or before October

31, 2018, during which period the petitioners-tenants would make

arrangements for an alternative premises to run their business therefrom.

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

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

learned counsel for the petitioners-tenants and submits that in the event of

the judgment and decree of the Appellate Rent Tribunal Jaipur

Metropolitan, Jaipur dated 9-8-2017 were to be upheld, the respondents

landlords would have no objection with the petitioners-tenants continuing

in occupation of the tenanted premises in question only till October 31,

2018 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 petitioners-tenants shall be entitled to continue in occupation

of the tenanted premises in question upto October 31, 2018, but not

beyond subject to condition that she would hand over the vacant

possession of the premises in question to respondents-landlords on

or before October 31, 2018.

(ii) The petitioners-tenants shall pay arrears of rent or mesne profits,

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

period of two months from today.

(iv) The petitioners-tenants commencing 1 November, 2017 shall

pay to respondent-landlord, mesne profits @ Rs.2000/- per month

on or before 10th of each month.

(vi) The petitioners-tenants 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 petitioners-tenants shall submit an undertaking

incorporating the aforesaid conditions before the Rent Tribunal Jaipur

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

order. In case the petitioners-tenants fail 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 9-8-2017 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.