- (1.) THE appellant -tenant has preferred this appeal against the order dated 24.02.2014 passed in CWP No.899/2014 whereby the learned Single Judge has dismissed the writ petition against the judgment and order dated 22.11.2013 passed by the Appellate Rent Tribunal, Bikaner in Appeal No.157/2009, affirming the judgment and order dated 11.08.2009 passed by the Rent Tribunal, Bikaner in Case No.139/2005 whereby the petition for eviction filed by the respondent -landlord was allowed.
(2.) TODAY , the learned counsel for the appellant frankly submits that the appellant is not pressing on this appeal on merits but is seeking some extra time to vacate the premises on reasonable terms and conditions. It is submitted that the appellant shall require some time to make alternative arrangements and, therefore, he may be granted some extra time to vacate. The learned counsel for the appellant submits that the appellant shall be ready to make payment of the enhanced amount towards mesne profits particularly during the period he would be retaining the premises in question upon granting indulgence by this Court; and in regard to these submissions, an application with affidavit of the son of the appellant has been filed stating that the appellant would vacate the premises by 30th June will pay enhanced monthly rent of Rs.750/ - from 01st 2015 and March 2014 to the landlord.
(3.) THE learned counsel for the respondent -landlord, in all fairness, has not put much opposition to the prayer of the appellant for granting some extra time to vacate on usual terms with enhanced amount towards mesne profits. Having regard to the facts and circumstances of the case, it appears appropriate to allow some extra time to the appellant so as to vacate the premises in question by 30th June 2015 while allowing enhanced mesne profits to respondent, particularly during the extra period to vacate as being allowed herein. It is stated that last paid rent has been @ Rs. 500/ - per month. Having regard to the facts and circumstances of the case, it appears appropriate to allow mesne profits to the respondent from 1st March 2014 and until the appellant vacates the premises @ Rs.750/ - (seven hundred fifty) per month.;