Rewati Raman Sharma and Others vs Rent Appellate Tribunal and Others

Ajay Rastogi, J.—Instant petition has been filed by petitioners (tenant) assailing judgment of the Rent Tribunal whereby application filed by respondent (landlord) was decreed and the petitioner (tenant) was directed to hand over vacant possession in terms of decree dt. 15/05/2006 (Ann.3); which was upheld by Appellate Tribunal in appeal which was dismissed vide order dt.08/04/2010 (Ann.4).

Respondent-3 filed application seeking eviction u/s 9 of Rajasthan Rent Control Act, 2001 ("Act, 2001") on the grounds of bonafide & personal necessity. After taking note of material on record, the Tribunal finally recorded the finding holding bonafide & personal necessity of respondent (landlord). Against the decree, appeal was preferred by petitioner tenant while upholding the finding of fact in regard to personal & bonafide necessity of the landlord, the appeal was dismissed by appellate Rent Tribunal vide judgment dt.08/04/2010.

After making submissions for some times, and taking note of concurrent findings of fact & scope of judicial review of this Court Under Articles 226 & 227 of the Constitution and taking instructions from his client present in court, Counsel for petitioner submits that some reasonable time for searching an alternative accommodation and for vacating the rented premises may be granted upto 31/10/2010, to which after having taken instructions, Counsel for respondent-3 has agreed to grant time to hand over vacant & peaceful possession of the rent premises.

This Court has considered contentions of Counsel for the parties and with their assistance examined material on record; does not find any error apparent on the face of record in the concurrent finding of facts recorded by both the Tribunals. However, taking note of submissions made in regard to the time sought for handing over vacant & peaceful possession of the rented premises, this Court considers it appropriate to grant reasonable time as agreed to by both the parties.

Consequently, writ petition is partly allowed and while upholding the decree of eviction vide judgment dt.15/05/2006 (Ann.3), this Court considers it appropriate to modify the judgments to the extent of granting time to the petitioners (tenant) to hand over vacant & peaceful possession of the rented premise on or before 31/10/2010, and will also furnish an undertaking that he would not part with the possession and would not create third party right in regard to rented premises; and that apart, the rent in arrears, if any in terms of the judgments impugned herein, be paid within two months from today and till vacation of rented premises, the petitioners (tenant) will continue to pay monthly rent in terms of the decree on or before 10th of each succeeding month and in case petitioner (tenant) fails to pay arrears of rent or in case of two consecutive defaults in payment of rent (supra), respondent (landlord) will be at liberty to file application for execution of decree dt. 08/04/2010 prior thereto and in case of failure to hand over vacant & peaceful possession of the rented premises, respondent (landlord) will be at liberty to take appropriate action by filing misc. application against tenant for alleged disobedience of the order of this Court. No order as to costs.