Sunder Lal Khatri vs Gopal

By the instant writ petition under Article 226 and 227 of the Constitution of India, petitioner-tenant has challenged judgment dated 28.02.2019, passed by Appellate Rent Tribunal, Bikaner (for short, 'Appellate Tribunal'), whereby learned Appellate Tribunal, while affirming judgment dated 01.12.2014, passed by Rent Tribunal, Bikaner (for short, 'learned Tribunal') under Sections 6 & 9 of the Rajasthan Rent Control Act, 2001 (for short, 'Act'), asked him to vacate the rented premisess, situated near Goga Gate, Gangashahar Road, Bikaner.

The facts, in brief, are that petitioner taken the aforesaid premises on rent from respondent-landlord. Essentially, the petition under Section 9 of the Act was founded on the ground of availability of alternative accommodation to the tenant. The learned Tribunal, after conclusion of trial, by its judgment dated 01.12.2014, issued direction to the petitioner-tenant to vacate the premisess and further to pay the amount of arrears of rent.

Being aggrieved by the same, petitioner-tenant approached learned appellate Tribunal but his that effort proved abortive as learned appellate Tribunal affirmed the judgment passed by learned Tribunal.

While arguing the petition, it is very candidly submitted by learned counsel for the petitioner that he is not pressing the petition on merits but only craving for grant of some reasonable time to vacate the premisess. Learned counsel appearing for the respondent-landlord has also agreed to grant reasonable time to the petitioner-tenant for vacating the premisess. After due deliberations, the parties have agreed and fixed date 31.08.2020 as the deadline for vacating the rented premisess.

In view thereof, without interfering with the impugned judgments, the writ petition is disposed of subject to the condition that petitioner-tenant shall vacate the premisess on or before 31.08.2020 and handover possession of the premisess to the respondent-landlord. During the interregnum period, the petitioner shall pay arrears of the rent/mesne profits and shall further continue to pay mesne profits @1500/- per month from the date of the issuance of certificate for eviction by learned Tribunal till vacant possession of the premises is handed over to respondent-landlord. The petitioner shall pay the means profits for use & occupation on or before every 15th of every month without any delay. It is further ordered that the petitioner shall furnish an undertaking before learned Tribunal with the following stipulations:-

(i) Petitioner-tenant shall furnish a written undertaking in the Rent Tribunal within a month incorporating to hand-over vacant and peaceful possession of the rented premisess to the respondent-landlord on or before 31.08.2020 and shall also undertake not to cause any damage to it and shall also maintain the same as it is.

(ii) Petitioner-tenant shall also pay mesne profit @Rs.1500/- per month from 01.12.2014 and will further continue to pay the same on every 15th of every month, or in advance uptil vacant possession is handed over to the respondent-landlord. The arrears of Rent and mesne profits, as determined by learned rent Tribunal and affirmed by appellate Tribunal, if not already paid, shall also be paid by him within a period of three months from today and entire amount, including the amount already deposited on this account, will be disbursed to the respondent-landlord.

(iii) Petitioner-tenant shall further undertake that he will not sub-let, assign or part with the possession of the rented premisess or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period and if he does so, the same will be treated as void.

(iv) The respondent-landlord will furnish the details of bank account number in which the arrears of rent, mesne profits and regular mesne profits is now to be deposited. Arrears of rent and mesne profits is to be deposited by petitioner-tenant within a period of three months from today.

(v) On petitioner-tenant furnishing the undertaking aforesaid and abiding by the terms and conditions of the order, respondent-landlord shall not execute the impugned decree till 31.08.2020.