Vijay Bishnoi, J. - (1.) THE present writ petition of the petitioner -tenant is directed against the judgment dated 22.07.20013 passed by the learned Appellate Rent Tribunal, Jodhpur Metro in Rent Appeal No. 51/2011 -Mohan Das v. Ved Prakash, whereby the learned Appellate Rent Tribunal dismissed the appeal and affirmed the judgment dated 04.04.2011 passed by the learned Rent Tribunal, Jodhpur in Original Petition No. 100/2004 - Ved Prakash v. Mohan Das, whereby the learned Rent Tribunal allowed the petition preferred under Order 9(A) of Rajasthan Land Control Act, 2001 on behalf of respondent -landlord for eviction of petitioner -tenant in respect of shop situated at Second 'B' Road, Sardarpura, Jodhpur. The learned counsel for the petitioner - tenant, Mr. M.C. Bhoot, Sr. Advocate, after arguing the matter for some time, has submitted that he does not want to press the grounds raised in the writ petition, however, prayed that a reasonable time for eviction and handing over vacant and peaceful possession of the suit premises may be given and reasonable mesne profit may be fixed for that period of use and occupation by the petitioner -tenant.
(2.) THE learned counsel for the respondent -landlord does not seriously dispute the said prayer. This writ petition is accordingly dismissed with a direction to the petitioner to hand over the peaceful & vacant possession of the suit premises to the plaintiff - respondent on or before 31.12.2014 on the conditions given below, as agreed by both the learned counsels for the parties: - - (i) The petitioner -tenant undertakes to hand -over the vacant and peaceful possession of the suit premises, in dispute to the respondent -landlord on or before 31.12.2014. The respondent shall not execute the impugned decree till 31.12.2014. (ii) The petitioner -tenant undertakes to pay or deposit the mesne profit at the rate of Rs. 1500/ - per month w.e.f. October, 2013 and will further continue to pay the mesne profit each month by 15th day of the next succeeding month or in advance to the respondent. The arrears of mesne profit as determined by the Tribunals below, if not already paid, shall also be paid by the tenant -petitioner and entire amount including the amount already deposited on this account will be disbursed to the respondent -landlord. (iii) The petitioner further undertakes that he shall not sub -let, assign or part with the possession of the suit premises or any part thereof in favour of any one else and would not create any third party interest in the same during the aforesaid period and if he do so the same will be treated as void. (iv) The petitioner shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court by 25th of October, 2013 and one copy thereof along with affidavit in this Court. (v) Learned counsel for respondent -landlord will give the details of his bank account number in which the arrears of rent or mesne profit and regular mesne profit now be paid, will be deposited, within the period of four weeks from today.
(3.) IT is made clear that in case, the petitioner -tenant does not comply with any of the aforesaid conditions, then it will be open for the respondent -landlord to get the decree passed in his favour executed even before the aforesaid date i.e. 31.12.2014 and the plaintiff -landlord may also initiate contempt proceedings in this Court. With the aforesaid terms, conditions and directions, the present writ petition is accordingly dismissed. No costs.;