Sangeet Lodha, J. - (1.) THIS writ petition is directed against the judgment and order dt. 12.7.13 passed by the Appellate Rent Tribunal, Bhilwara in Rent Appeal No. 52/10, whereby the appeal preferred by the petitioner aggrieved by the judgment and order dt. 16.2.10 passed by the Rent Tribunal, Bhilwara in Rent Case No. 159/05, directing eviction of the petitioner from the commercial premises and the certificate for recovery of possession issued pursuant thereto, stands dismissed. In the instant case, on 25.2.14 on the statement being made by the counsel for the petitioner in terms that the petitioner does not want to press the writ petition on merit, however, the petitioner is ready to accept the offer made by the respondent -landlord before the courts below to shift in Shop No. 14 or Shop No. 16 and in the alternative it was prayed that the petitioner may be granted some time on reasonable terms and conditions for vacating the premises, the notice to show cause were issued to the respondents on such limited prayer.
(2.) THE offer of the petitioner for shifting into Shop No. 14 or Shop No. 16 is not acceptable to the respondent -landlord. However, learned counsel appearing for the respondents submits that some more time may be granted to the petitioner for vacating the premises on reasonable terms and conditions. Learned counsel for the petitioner submitted that the petitioner is ready to vacate the premises, however, he may be granted time upto 31.12.14 for the purpose of vacating the suit premises, on reasonable terms and conditions.
(3.) MR . S. Saruparia, learned counsel appearing on behalf of the respondents No. 3 to 5, in all fairness has not opposed the limited prayer made on behalf of the petitioner. Accordingly, with the consent of the parties, on the facts and in the circumstances of the case, this writ petition is disposed of with the following directions: - - (1) The petitioner shall vacate and hand over the vacant possession of the premises in question to the respondents No. 3 to 5 on or before 31.12.2014; (2) The petitioner shall pay the mesne profits for the use and occupation of the premises in terms of provisions of sub -section (3) of Section 20 of the Rent Control Act 2001 to the respondents i.e. at the rate of three times the rent last paid. The arrear of mesne profits, if not already paid, shall be paid within a period of one month from the date of this order. (3) The petitioner shall continue to pay the mesne profits as aforesaid month by month, by 7th day of the following month towards the use and occupation of the premises during the said period; (4) The petitioner shall not make any material alteration in the premises in question and shall not part with the possession of the premises during the said period; (5) The petitioner shall submit an undertaking before the Rent Tribunal, Bhilwara latest by 4.4.14, for compliance of the order passed by this Court as aforesaid; (6) On the failure of the petitioner to comply with any of the aforesaid directions, the certificate for recovery of possession shall become executable forthwith. No order as to costs.;