- (1.) After arguing the matter at length, the learned counsel for the petitioner realising the fact that in view of concurrent findings of facts, of the Rent Tribunal Jaipur Metropolitan City, Jaipur, and the Appellate Rent Tribunal, Jaipur Metropolitan City, Jaipur, that the petitioner has been defaulter in payment of rent, and the limitations of the jurisdiction of this court in the exercise of power under article 227 of the Constitution of India against concurrent findings of fact submits that the petitioner not be forthwith dispossessed but be allowed to continue in occupation of the premises in question for the period upto March 31, 2013, during which period the petitioner would make arrangements for an alternative house to reside therein.
(2.) Learned counsel for respondent-landlord Satya Narayan Rawal, with instruction from his client agreed to the proposal of learned counsel for the petitioner, and accepts that in the event of the orders of the courts below are upheld, he would have no objection with the petitioner continuing in occupation of premises in question only till March 31, 2013.
(3.) In view of the consent of learned counsel for the parties, the writ petition is disposed of with the following directions:- (i) The petitioner would not be dispossessed under the certificate of possession dated 10-7-2009 passed by the Rent Tribunal Jaipur Metropolitan City, Jaipur, and upheld vide order dated 19-3-2012 by the Appellate Rent Tribunal, Jaipur Metropolitan City, Jaipur continue in occupation of premises in question till March 31, 2013, subject to condition that he would hand over vacant possession of the premises in question to respondent-landlord Satya Narain Rawal on or before March 31, 2012. (ii) The petitioner shall pay arrears of rent as determined vide order dated 10-7-2009 passed by the Rent Tribunal Jaipur Metropolitan City, Jaipur, and upheld vide order dated 19-3-2012 by the Appellate Rent Tribunal, Jaipur Metropolitan City, Jaipur, to respondent-landlord Satya Narayan Rawal, within a period of two months, from the date of this order. (iii) The petitioner shall not alienate or otherwise create third party right, or hand over possession of premises in question to any other person. (iv) The petitioner shall pay to respondent-landlord Satya Narayan Rawal, the mesne profit monthly on or before 15th of every month.;