- (1.) THIS intra-court appeal is directed against the order dated 29.03.2012 whereby the learned Single Judge of this Court dismissed the writ petition (CWP No.4659/2011) filed by the petitioner-tenant while declining to interfere in the judgment and order dated 04.04.2009 as passed by the Rent Tribunal, Jodhpur and so also the judgment and order dated 22.03.2011 as passed by the Appellate Rent Tribunal, Jodhpur whereby respectively certificate for recovery of possession was issued against the appellant-tenant and the appeal was dismissed.
(2.) THE learned counsel Mr. Patel has put in appearance on behalf of the respondent in this appeal in caveat. At the outset, the learned counsel for the parties submit that the parties have broadly arrived at consensus in this matter whereby it is agreed that the appellant-tenant shall make payment of rent/mesne profits at the rate of Rs.200/- per month and it is further agreed that the appellant-tenant shall hand over the vacant possession of the premises in question on or before 30.11.2012. It is also submitted that in fact, the appellant-tenant has already deposited the rent/mesne profit payable until the month of December 2012 in the bank account of the respondent-landlord. The learned counsel for the parties have placed on record the broad terms of agreement between the parties as under: - "The above-named appellant and respondent submits this compromise as on the following terms and conditions:- 01- That the appellant has filed this special appeal against the Judgment/order dated 29.03.2012, whereby the learned Single Judge uphold the decree for eviction passed by the Learned Rent Tribunal retained by learned Rent Appellate Tribunal (i.e. Annex.7 and Annex.10) respectively. 02- That the appellant is an Advocate by profession and reasonable time of at least six months is required by him to shift and establish new office from the rented premises situated at Sardarpura B Road, Jodhpur. 03- That the appellant/petitioner (Tenant) agrees to hand over the vacate possession of the rented premises in question on or before 30.11.12. 04- That during this period the appellant/petitioner agree to pay the rent @ Rs.200/- per month till handing over vacate possession of the premises in question. The rent is already deposited till Dec.2012. Hence on both the parties agreed on the aforesaid terms and conditions by the compromise, therefore, it is humbly and respectfully submitted that the appropriate order may kindly be passed on the aforesaid facts and circumstances." Looking to the nature of the litigation, the status of the parties and the premises, and the surrounding circumstances, this Court is satisfied that the matter has been settled between the parties by a lawful agreement; and there appears no impediment in putting their agreement into effect while modifying the impugned orders accordingly. Hence, this intra-court appeal is disposed of in terms of the agreement between the parties; and the impugned orders shall stand modified in the following manner:- (i) The appellant-tenant is granted time to vacate the premises in question by 30.11.2012 subject to the conditions that,- (a) He shall not remain in arrears in relation to any amount payable towards use and occupation of the premises in question; (b) He shall personally submit an undertaking supported by affidavit before the Rent Tribunal within three weeks from today to the effect that on or before 30.11.2012 he shall hand over peaceful and vacant possession of the premises in question to the respondent-landlord. He shall also undertake not to cause any damage to the premises nor to make any alteration and not to assign, sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance. (ii)The appellant-tenant would be liable to make payment of rent/mesne profit at the rate of Rs.200/- per month until handing over vacant possession of the premises in question. It is made clear that upon the appellant's failure to comply with any of the conditions aforesaid or violating any terms of the undertaking, the respondent-landlord shall be entitled to execute the certificate for recovery of possession dated 04.04.2009 as issued by the Rent Tribunal, Jodhpur in accordance with law. No costs. ;