Mohammad Hussain S/o Shri Chand Mohammed Ansari v. Banu W/o Late Shri Abdul Karim Ansari
2017-02-17
SANGEET LODHA
body2017
DigiLaw.ai
JUDGMENT : 1. This writ petition is directed against the judgment and order dated 10.1.17 passed by the Appellate Rent Tribunal, Bhilwara in Rent Appeal No.164/13, whereby the appeal preferred by the petitioners aggrieved by the judgment and order dated 23.7.13 passed by the Rent Tribunal, Bhilwara, in Rent Case No.64/07, directing eviction of the petitioners from the suit premises and the certificate for recovery of possession issued pursuant thereto, stands dismissed. 2. 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 1.7.18 for the purpose of vacating the suit premises, on reasonable terms and conditions. 3. Mr. Bheem Arora, learned counsel appearing on behalf of the respondent No.1-caveator, in all fairness has not opposed the limited prayer made on behalf of the petitioners. 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 petitioners shall vacate and hand over the vacant possession of the premises in question to the respondent on or before 1st July, 2018; (2) The petitioners shall pay the mesne profits for the use and occupation of the premises in terms of provisions of sub-section(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 petitioners 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 petitioners 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 petitioners shall submit an undertaking before the Rent Tribunal latest by 20.3.17, for compliance of the order passed by this Court as aforesaid; (6) On the failure of the petitioners to comply with any of the aforesaid directions, the certificate for recovery of possession shall become executable forthwith. 5. No order as to costs.