1. - Heard learned counsel for the appellant-State.

2. The two courts below have concurrently decreed the suit for eviction of suit premises, which is used by the State Education Department - appellant for running a Girls' school. The trial court (Rent Tribunal, Bikaner) decreed the suit No. 92/2005 (Arya Samaj Maharishi Dayanand Marg, Bikaner v. State of Rajasthan & ors.) on 26.04.2008.

3. The plaintiff-landlord Arya Samaj Maharshi Dayanand also is running a school for girls in part of the same premises. The premises in question was given on rent to tenant-Department since 1958. Even though the rent was demanded @ Rs. 10,132/- per month, the learned trial court determined the said rent @ Rs. 2842/- w.e.f. 24.04.2002 and on that basis, even while deciding the issues Nos. 1, 2 and 3 simultaneously, the rent for the period of 5 years from September 2002 to February 2007 which was paid by two separate cheques on 27.02.2007 and thus, there was continuous defaults in payment of rent on the part of the department - tenant. Even though the bonafide need of the plaintiff - trust as well as sub-letting was not accepted by the court below (Rent Tribunal under New Act of 2001), however, learned court below has ordered the eviction on the ground of default in payment of rent.

4. The appellate court dismissed the first appeal of tenant - Department affirming the findings of the learned trial court vide order dated 15.02.2012 in appeal No. 104/2008 - State of Rajasthan & ors. v. Arya Samaj Maharishi Dayanand Marg, Bikaner.

5. Having heard learned counsel for the appellant- Department Dr. G.R. Kalla, this Court does not find any substantial question of law to be arising in the present second appeal of the appellant - State Department. It is also noteworthy that as per Section 19(c) of the Rajasthan Rent Control Act, 2001, the decision of the Appellate Rent Tribunal shall be final and no further appeal or revision shall lie against its order. However, since the appellant - department is running a Girls' school in the same and it is mid of the session, now, while upholding the eviction decree, this Court grants a year's time up to 30th June, 2013, to hand over peaceful and vacant possession to the respondent - plaintiff. During this period, the appellant shall continuously pay mesne profit at the same rate regularly every month before expiry of 15th of every next month. It is made clear that in case, the defendant- appellant department (tenant) does not hand over the peaceful and vacant possession within the date stipulated above from today as directed by this Court, then it will be open for the plaintiff-respondent landlord to get the decree passed in his favour executed and to initiate contempt proceedings against the concerned authorities of the appellant-State in this Court. A copy of this order be sent to the trial court and opposite party forthwith.

6. The present second appeal filed by the appellant - Department is accordingly dismissed. No order as to costs.Appeal Dismissed.

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