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2015 DIGILAW 585 (RAJ)

Pawan Kumar Parnami v. Narayan Das

2015-03-04

PRAKASH GUPTA, SUNIL AMBWANI

body2015
Hon'ble AMBWANI, ACTG. C.J.—After hearing learned counsel appearing for the parties, we do not find any good ground to interfere with the judgment of learned Single Judge, by which he has upheld the order of eviction passed by the Rent Tribunal, affirmed by the Rent Appellate Tribunal, on the ground of bonafide needs of landlord. 2. The petition for eviction, on bonafide need under Section 9(i) of the Rajasthan Rent Control Act, 2001, was filed in the year 2003. The order of dispossession was passed by the Rent Tribunal on 17.08.2011, which was affirmed by the Rent Appellate Tribunal on 29.11.2014. Learned Single Judge did not interfere on the ground that the findings of fact do not warrant interference, nor there was any such additional grounds pleaded, or material placed, which may require consideration. 3. Learned counsel appearing for the tenant-appellant prays for some reasonable time to vacate the premises. He submits that since the premises are non-residential, it will take some time for him to arrange for alternative shop. 4. After some hesitation, learned counsel appearing for the respondent-landlord agreed to give nine months' time to vacate the premises, which appears to be reasonable, as the landlord is litigating the matter for last twelve years. 5. In the facts and circumstances, and on the concession given by learned counsel appearing for the respondent-landlord, the appellant is allowed time upto 04.12.2015 to vacate the premises, subject to payment of Rs.4520/- per month, for the period of nine months, which is ten times the standard rent. 6. The entire amount of mesne profits, for a period of nine months, will be deposited within 30 days from today, alongwith an affidavit of undertaking, in the executing court that the appellant will handover the peaceful possession of the premises to the respondent-landlord, on or before 04.12.2015. The affidavit will be filed in the executing court, and the amount will be deposited in the bank account of the respondent-landlord ((SB A/c. No.6089688896, Indian Bank, M.I. Road Branch, Jaipur (Raj.)), on or before 03.04.2015, failing which the appellant will not get the time for vacating the premises. 7. The Special Appeal is dismissed, with the aforesaid observations and conditions.