Rajasthan High Court - JodhpurPawan Kumar vs . Hemraj on 3 July, 2015Author:Sangeet LodhaBench:Sangeet LodhaS. B. CIVIL WRIT PETITION NO. 3193/2015
                 Pawan Kumar Vs. Hemraj


                    Date of Order : 03/07/2015


            HON'BLE MR. JUSTICE SANGEET LODHAMr. Shree Kant Verma, for the petitioner.
Mr. Rajeev Purohit, for the respondent.1.    This writ petition is directed against the judgment and order

dated 7.2.15 passed by the Appellate Rent Tribunal, Bikaner in

Appeal Decree No.102/11, whereby the appeal preferred by the

petitioner aggrieved by the judgment and order dated 12.9.11

passed by the Rent Tribunal, Bikaner in Original Case No.28/04,

directing eviction of the petitioner from the premises in question,

stands dismissed.2.    After arguing for quite sometime, learned counsel appearing

on behalf of the petitioner submits that the petitioner does not

want to press this writ petition on merits. It is submitted that the

petitioner is ready to vacate the premises, however, he may be

granted time upto 30.9.16 for the purpose of vacating the suit

premises, on reasonable terms and conditions.3.    Mr. Rajeev Purohit, learned counsel appearing on behalf of

the respondent, in all fairness has not opposed the limited prayer

made on behalf of the petitioner.4.    Accordingly, with the consent of the learned counsel for the

parties, on the facts and in the circumstances of the case, this writ

petition is disposed of with the following directions:-(1)The petitioner shall vacate and hand over the vacant
       possession of the premises in question to the respondent on
       or before 30th September, 2016;(2)The petitioner shall pay the mesne profits for the use and
       occupation of the premises in terms of provisions of sub-section(3) ofSection 20of the Rent Control Act, 2001 to-2-the respondent i.e. at the rate of three times the rent last
       paid. The arrear of mesne profits, if not already paid, shall
       be paid within a period of one month from the date of this
       order.(3)The petitioner shall continue to pay the mesne profits as
       aforesaid month by month, by 7th day of the following
       month towards the use and occupation of the premises
       during the said period;(4)The petitioner shall not make any material alteration in the
       premises in question and shall not part with the possession
       of the premises during the said period;(5) The petitioner shall submit an undertaking before the Rent
       Tribunal, Bikaner latest by 3rd August, 2015 , for compliance
       of the order passed by this Court as aforesaid;
     (6)On the failure of the petitioner to comply with any of the
       aforesaid directions, the certificate for recovery of
       possession shall become executable forthwith.

       No order as to costs.(SANGEET LODHA), J.Rp4