1. Instant writ petition has been filed by the petitioner-tenant under Article 227 of the Constitution of India against the order dated 07.02.2018 passed by Rent Appellate Tribunal, Kota in Appeal No. 13/2017, whereby the appeal filed by the appellant-tenant against the order dated 13.04.2017 passed by Rent Tribunal, Kota was dismissed as withdrawn. However, the cross objections submitted by the respondent landlord was allowed.

2. Brief facts of the case are that the respondent-landlord filed an eviction application against the petitioner-tenant before the Rent Tribunal, Kota which was dismissed by the Rent Tribunal, Kota vide order dated 04.09.2013. The respondent landlord filed an appeal before the Appellate Rent Tribunal, Kota which was allowed by the Appellate Rent Tribunal vide judgment and decree dated 24.01.2015.

3. The petitioner-tenant against the judgment and decree dated 24.01.2015 filed an S.B. Civil Writ Petition No. 5991/2015 before this court which was disposed of by a Coordinate Bench of this court, vide order dated 17.09.2016 and the petitioner-tenant was allowed 18 months’ time to vacate the disputed premises. In compliance of the order dated 17.09.2016 the petitioner-tenant has filed an undertaking before the executing court i.e. Rent Tribunal, Kota.

4. Before the executing court the petitioner tenant again filed an application mentioning therein that one room of the disputed property is situated at the first floor of the house and the possession of the said room may not be taken from the petitioner tenant as no decree has been passed in this regard by the Rent Tribunal, Kota. The Rent Tribunal vide judgment dated 13.04.2017 issued the warrant of possession according to decree passed by the Rent Tribunal, Kota.

5. Being aggrieved by the order dated 13.04.2017 the petitioner-tenant filed an appeal before the Appellate Rent Tribunal, Kota and the respondent-landlord also filed cross objections in the said appeal and prayed for possession of whole disputed premises in compliance of the judgment and decree dated 24.01.2015 and also in compliance of the order passed by this court on 17.09.2016 in S. B. Civil Writ Petition No. 5991/2015.

6. The Appellate Rent Tribunal, Kota vide order dated 07.02.2018 allowed the cross objection submitted by the respondent-landlord and dismissed the appeal submitted by the petitioner tenant. The Appellate Rent Tribunal further directed that the respondent landlord is entitled for possession of the whole disputed premises.

7. Heard learned counsel for the parties.

8. Counsel for the petitioner submitted that the order passed by the court below is against the law as the learned court below cannot direct to execute the decree beyond the original judgment and decree passed with regard to the disputed premises.

9. Counsel for the respondent submitted that the judgment and decree was passed by the Appellate Rent Tribunal for the disputed premises and the room for which the petitioner-tenant is now making a dispute is situated at first floor of the house and the said room is also included in the disputed property as no separate way is available for the said room.

10. I have considered the submissions made by the respective counsel for the parties and also pursue the record. The argument raised by the counsel for the petitioner is not accepted for the reasons that the petitioner tenant challenged the original decree of eviction passed by the learned Appellate Rent Tribunal, Kota before this Hon’ble Court by filing S. B. Civil Writ Petition No. 5991/2015 which was decided on 17.09.2016, wherein the petitioner tenant agreed to vacate the disputed premises within a period of 18 months and on his consent the first writ petition was disposed of. The agreed order dated 17.09.2016 is reproduced as under :-

“During the course of arguments, the learned advocates appearing for the parties, have jointly submitted that they have sorted out dispute between petitioner-tenant and respondent-landlord and th