- (1.) HEARD learned counsel for the petitioners-tenant and respondent No.3/landlord.
(2.) THIS writ petition under Article 227 of the Constitution of India has been filed by the petitioners-tenants against the order dated 30.05.2009 passed by learned Appellate Rent Tribunal, Jalore in Rent Civil Appeal No.20/2008- Virma Ram Vs. Kanti Chand whereby the appeal filed by the petitioner/tenant against the order dated 29.05.2008 passed by learned Rent Tribunal, Jalore in Eviction Application No.8/2008- Kanti Chand Vs. Virma Ram, granting eviction decree in favour respondent/landlord, came to be dismissed. The respondent/landlord sought eviction of the petitioner/tenant from the suit shop situated at Hospital Circle, Jalore, on the ground of default in payment of monthly rent and bonafide need of the suit shop in question. The present writ petition is disposed of as not pressed in view of undertaking of defendant-tenant to hand over the peaceful & vacant possession of the suit shop to the respondent/landlord on or before 19.09.2013 with conditions given below.
(3.) BOTH side learned counsels for the parties agree to dispose of this writ petition on the following terms and conditions:- (i) The petitioner/tenant undertakes to hand-over the vacant and peaceful possession of the suit premises, in dispute to the respondent on or before 19.09.2013. The respondent/landlord shall not execute the impugned decree till 19.09.2013. (ii) The petitioner undertakes to pay or deposit the mesne profit at the rate of Rs.1,000/- per month w.e.f. March, 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/landlord. The petitioner shall also clear all the arrears of rent, if any, notified by the landlord/respondent after adjusting the advance rent within a period of three months from today, failing which the same will carry interest @ 9% per annum. (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. (iv) The petitioner shall furnish a written undertaking incorporating the aforesaid conditions in the Lower Court by 31st March, 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, if any, will be deposited, within the period of four weeks from today. ;