- (1.) The present writ petition is filed by the petitioner-landlord against the order dt. 07.05.2008 (Annex. 12) passed by the learned Appellate Rent Tribunal, Udaipur by which the appeal filed by the respondent tenants against the eviction decree granted by the learned Rent Tribunal, Udaipur on 01.03.2006 in favour of the petitioner landlord came to be allowed. The petitioner by way of present writ petition has prayed for the following reliefs:- (i) The entire record of Civil Rent Original Application No. 41/2003 decided by the Rent Tribunal, Udaipur vide its order dt. 01.03.2006 may kindly be called for and the same be review judiciously. (ii) The impugned order dt. 07.05.2008 (Annex. 12) passed by the Rent Appellate Tribunal, Udaipur may kindly be quashed and set-aside. (iii) The order dt. 01.03.2006 (Annex. 11) passed by the learned Rent Tribunal, Udaipur may kindly be upheld. The respondents be directed to handover the possession of the shop in dispute situated at shop No. 65, Bapu Bazar, Udaipur to the petitioner immediately. Heard learned counsels for the parties.
(2.) Learned counsel for the petitioner-landlord, Mr. Sandeep Shah, fairly submits that the landlord is even now ready to give in exchange her own shop No. 35 situated at the back side of the disputed shop No. 65 in Bapu Bazar, Udaipur on a fresh tenancy to be created in favour of respondent tenants - Mr. Radhey Shyam & Mr. Girdhari Lal both sons of Mr. Sobh Raj Sindhi at a monthly rent of Rs. 4,000/- per month.
(3.) Initially, the learned counsel for the respondent tenants, Mr. Mahesh Khyani wanted time to take instructions from the respondent tenants, however, after lunch hours, he submits that he has taken instructions from his clients and the respondent tenants are willing to handover the vacant and peaceful possession of the suit shop No. 65 to the petitioner landlord and will shift their business of general merchant to the backside shop No. 35 in the same market owned and possessed by the petitioner landlord within three months from today.;