Shri Harjeet Singh S/o Shri Ratan Singh vs Shri Rambharose Lal S/o Tulsiram

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 March 31, 2019, during which period the

petitioner-tenant would make arrangements for an alternative

premises to reside therein.

Mr. Reashm Bharagava, 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 Ajmer dated 17-05-2017 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 March 31, 2019 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, 2019, 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 March 31, 2019.

(ii) The petitioner-tenant shall pay arrears of rent or mesne

profits, if any, till December 31, 2017, as determined

by the courts within a period of two months from today.

(iii) The petitioner-tenant commencing 1st January, 2018 shall

pay to respondent-landlord, mesne profits @

Rs.1,500/- per month on or before 7th 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 Ajmer, 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 respondent-landlord shall be entitled

to the immediate execution of the judgment and possession

certificate dated 17-05-2017 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.