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Judgment
After arguing the matter at some length, the learned counsel for the
petitioner-tenant submits on instruction of his clients that the petitioner-
tenant shall vacate the tenanted premises on or before March 31, 2018,
during which period the petitioner-tenant would make arrangements for
an alternative premises to run his business therefrom.
Mr. Caran Bhatnagar, Advocate appearing on behalf of the
respondent-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 Kota
dated 4-11-2016 were to be upheld, the respondent landlords would have
no objection with the petitioner-tenant continuing in occupation of the
tenanted premises in question only till March 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 March 31, 2018, but not
beyond subject to condition that he would hand over the vacant
possession of the premises in question to respondent-landlords on or
before March 31, 2018.
(ii) The petitioner-tenant shall pay arrears of rent or mesne profits,
if any, till February 28, 2017, as determined by the courts within a
period of two months from today.
(iii) The petitioner-tenant commencing 1 st March, 2017 shall pay to
respondents-landlords, mesne profits @ Rs.1755/- per month on or
before 15th of each month.
(iv) 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 Kota,
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 4-11-2016 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.