- (1.) Heard learned counsel for the petitioner. The petitioner is aggrieved against the order of the learned Rent Tribunal 18.1.2009 as well as the appellate order dated 12.1.2010. As per the facts of the case, the plaintiff retired Government employee filed a petition for eviction of the petitioner-non-applicant from the rented premises before the Rent Tribunal, Chittorgarh on the ground of nuisance created by the defendant as well as on the ground of personal bonafide necessity. The defendant's-petitioner's contention is that plaintiff's son is hard of hearing and the plaintiff is helping his son only and cannot start a new business as alleged by the plaintiff. It is also submitted that plaintiff is getting the pension and other monitory benefits like house rent etc, therefore, he is not in need to start any new business.
(2.) I considered the submissions of learned counsel for the petitioner and perused the reasons given in the impugned orders. The courts below considered the pleas raised by the petitioner that plaintiff's son is hard of hearing and also considered whether the plaintiff is in need of the suit premises or not. The petitioner wants total re-appreciation of the evidence under Article 226 of the Constitution of India and to the extent to reach to the conclusion which may be contrary to the decision taken by the fact finding authorities. No question of law is involved in the present writ petition. However, at this stage, learned counsel for the petitioner prayed that some time may be granted to the petitioner to vacate the suit premises. I considered this prayer of learned counsel for the petitioner. Looking to the facts of the case, this Court is of the view that the petitioner be granted time upto 30.10.2010 to vacate the premises in question. Therefore, it is ordered that in case, the petitioner furnishes a written undertaking before the trial court within a period of one month from today that he shall hand over the vacant possession to the respondent/landlady by or before 30.10.2010 and shall not part with the possession or sublet the premises in question during this period and shall pay all the arrears of rent and decreetal amount, if due, within a period of two months from today and shall also deposit the rent month by month by 15th day of each succeeding month of his tenancy, in the bank account of the respondent/landlady, particulars of which be supplied to the appellant, the decree under challenge shall not be executed till 1.11.2010. In case of non-compliance of this order or default in payment of rent mentioned above, the respondent will be free to execute the decree forthwith without obtaining any order from this Court. Since this order has been passed in the interest of justice ex-parte without hearing the respondent, therefore, the respondents shall have right to move application for recalling of the concession granted by this court. With the aforesaid concession, this writ petition is dismissed. ;