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2017 DIGILAW 585 (RAJ)

Ashok Kumar S/o Shri Bapu Lal Soni v. Rameshwar Lal S/o Late Shri Shankar Lal Rathi

2017-02-17

SANGEET LODHA

body2017
ORDER : 1. This writ petition is directed against the judgment and order dated 20.07.2016 passed by the Appellate Rent Tribunal, Bhilwara in Rent Appeal No.83/2014, whereby the appeal preferred by the petitioners aggrieved by the judgment and order dated 17.1.2014 passed by the Rent Tribunal, Bhilwara, in Rent Case No.55/2010, directing eviction of the petitioners from the commercial premises and the certificate for recovery of possession issued pursuant thereto, stands dismissed. 2. After arguing the matter for quite some time, learned counsel appearing on behalf of the petitioners submits that petitioners do not want to press this writ petition on merits. It is submitted that the petitioners are ready to vacate the premises, however, they may be granted time upto 30.6.18 for the purpose of vacating the suit premises, on reasonable terms and conditions. 3. Mr. Sandeep Saruparia, learned counsel appearing on behalf of the respondent No.1, has not opposed the limited prayer made on behalf of the petitioner. 4. Accordingly, with the consent of 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 June, 2018; (2) The petitioner shall pay the mesne profits for the use and occupation of the premises in terms of provisions of subsection(3) of Section 20 of the Rent Control Act, 2001 to 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 latest by 17.3.17, 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. 5. No order as to costs.