MOHAMMAD RAFIQ, J. - (1.) This writ petition has been filed by defendant-tenant petitioners assailing judgment dated 5.9.2016 passed by court of learned Rent Appellate Tribunal, Kota, in Appeal No. 73/2015, whereby appeal of the petitioners was dismissed the Appeal No. 72/2015 of respondent filed against the judgment and recovery certificate dated 3.8.2015 was partly allowed, whereby eviction petition filed by plaintiff-landlord-respondent for eviction from the property in dispute, on the ground of bona fide necessity and acquiring alternative premises was decreed by learned Rent Tribunal.
(2.) On hearing learned counsel for the parties and perusing material on record, I find that there is concurrent finding of fact on the issue of bona fide necessity and acquiring alternative premises, therefore, no case is made out for interference. However, at this stage, learned senior counsel for the petitioners has made alternative prayer for granting reasonable time to vacate the suit shop. Since petitioners are tenant in the suit premises since long, this court deems it appropriate to grant time upto 31.12.2018 to defendant-tenant-petitioners to handover peaceful vacant possession of suit premise to plaintiff-landlord-respondent on following conditions:- 1. Defendant-tenant-petitioners undertakes to handover vacant and peaceful possession of suit premises to plaintiff-landlord-respondents on or before 31.12.2018. Plaintiff-landlord-respondent shall not execute impugned decree till 31.12.2018. 2. Defendant-tenant-petitioners undertakes to pay or deposit entire arrears of rent, if any, within a period of one month from today and will further continue to pay mesne profit/rent @ Rs.3000 per month by 7th of next succeeding month i.e. January, 2017 or in advance to plaintiff-landlord-respondent. 3. Defendant-tenant-petitioners further undertakes that they shall not sub-let, assign or part with possession of 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. 4. Defendant-tenant-petitioners shall furnish a written undertaking incorporating aforesaid conditions in the Rent Tribunal within a period of fifteen days from today.
(3.) It is made clear that in case, defendant-tenant-petitioners does not comply with any of aforesaid conditions, then the Rent Tribunal shall ensure his eviction without requiring plaintiff-landlord-respondents to file separate execution petition even before aforesaid date and it will be open for plaintiff-landlord-respondents to initiate contempt proceedings in this court.;