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Judgment
After arguing the matter at some length, the learned
counsel for the petitioner-tenant submits on instruction of his
client that the petitioner-tenant shall vacate the tenanted
premises on or before December 31, 2018, during which period
the petitioner-tenant would make arrangements for an alternative
premises to reside therein.
Mr. Mahendra Goyal, Advocate appearing on behalf of
the respondent-landlord, with instruction from his client 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 dated 5-9-2017 were
to be upheld, the respondent landlord would have no objection
with the petitioner-tenant continuing in occupation of the tenanted premises in question only till December 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 petitioner-tenant shall be entitled to continue in
occupation of the tenanted premises in question upto
December 31, 2018, but not beyond subject to
condition that he would hand over the vacant
possession of the premises in question to respondent-
landlord on or before December 31, 2018.
(ii) The petitioner-tenant shall pay arrears of rent or mesne
profits, if any, till September 30, 2017, as determined
by the courts within a period of two months from today.
(iii) The petitioner-tenant commencing 1st October, 2017
shall pay to respondent-landlord, mesne profits @
Rs.1500/- per month on or before 10th of each month.
As against this, excess rent / revised rent paid on or
before 30st September, 2017 shall be adjusted from the
mesne profit, above agreed to, in the first few months
to the extent necessary.
(iv) The petitioner-tenant shall not alienate or otherwise
create third 3 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, 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-landlord
shall be entitled to the immediate execution of the judgment and
possession certificate dated 5-9-2017 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.