- (1.) AFTER arguing the matter at length against the order dated 8-2-2013 passed by the Judge Appellate Rent Tribunal Jaipur Metropolitan, Jaipur whereby the impugned judgment dated 16-3-2010 passed by the Rent Tribunal Jaipur Metropolitan, Jaipur has been upheld and decree of eviction in favour of the landlord and certificate of possession sustained, the learned counsel for the petitioner submits that as the petitioner is running a shop, he would be left with no source of income in the event the petitioner has to be evicted forthwith pursuant to orders dated 16-3-2010 and 8-2-2013. Counsel submits that the petitioner, who is present in person in court, be allowed to continue in occupation of the shop in question for the period upto May 31, 2014, during which the petitioner would make arrangements for an alternative shop to continue his business.
(2.) LEARNED counsel for respondent-landlord Mohan Lal Gangwal, submits that the landlord Mohan Lal himself is present in person and agrees to the proposal of learned counsel for the petitioner-tenant, and accepts that in the event of the order of the courts below are upheld, the landlord would have no objection with the petitioner continuing in occupation of shop in question only till May 31, 2014. The signatures of petitioner tenant Kamal Singh and landlord Mohan Lal Gangwal have been obtained on order-sheet of the file. 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 continue in occupation of shop in question till May 31, 2014, subject to condition that he would hand over vacant possession of the shop in question to respondent-landlord Mohan Lal Gangwal on or before June 1, 2014. (ii) The petitioner shall pay arrears of rent as determined by the Appellate Rent Tribunal, Jaipur Metropolitan, Jaipur, to respondent-landlord Mohan Lal Gangwal, within a period of four months, from the date of this order. (iii) The petitioner shall not alienate or otherwise create third party right, or hand over possession of shop in question to any other person. (iv) The petitioner shall pay to respondent-landlord Mohan Lal Gangwal, the monthly current rent on or before 15th of every month.
(3.) THE petitioner shall submit undertaking of aforesaid conditions before the Rent Tribunal Jaipur Metropolitan, Jaipur, within a period of fifteen days, from the date of this order. In case the petitioner fails to submit undertaking as aforesaid, the respondent-landlord Mohan Lal Gangwal shall be entitled to execution of the decree of eviction passed by Rent Tribunal, Jaipur Metropolitan, Jaipur, and possession of the premises in issue forthwith. Accordingly, the writ petition stands disposed of. Stay application also stands disposed of.;