The court's decision was based on the petitioner's agreement to handover possession and pay mesne profit with specified conditions, as well as the dismissal of the writ petition.

JUDGMENT

Vijay Bishnoi, J. - The petitioner-non-applicant has preferred this writ petition being aggrieved by the impugned judgment and decree dated 19.05.2022 passed by the Appellate Rent Tribunal, Jodhpur Metropolitan, Jodhpur in Rent Appeal No. 65/2019, whereby the appeal of the petitioner has been dismissed and the judgment dated 05.08.2019 passed by the Rent Tribunal, Jodhpur Metropolitan has been affirmed. By the judgment dated 05.08.2019, the Rent Tribunal, Jodhpur Metropolitan has allowed the original application filed by the respondent for eviction and recovery of rent against the petitioner on the ground of reasonable and bonafide necessity.

2. Learned counsel for the petitioner upon instructions submits that the petitioner does not want to press this writ petition on merits, however, prays that reasonable time may be granted to her to handover the vacant and peaceful possession of the suit premises.

3. Learned counsel for the respondent agrees that the respondent has no objection if reasonable time is given to the petitioner to handover the vacant and peaceful possession of the suit premises.

4. Learned counsel for the petitioner has submitted that the petitioner is ready to pay the mesne profit of disputed premises at the rate of Rs. 5,000/- per month from the date the rent is due and is also ready to continue to pay mesne profit every month by 15th day of the next succeeding month or in advance to the respondent up till the vacant possession is handed over to the respondent.

5. Accordingly, with the consent of both the learned counsel, the present writ petition of the petitioner is dismissed as not pressed on merits with a direction to the petitioner to submit an undertaking to the effect that she will handover the peaceful and vacant possession of the suit premises to the respondent-landlord on or before 31.03.2023 with the following conditions:-

(i) The petitioner shall submit an undertaking to the effect that she shall handover the vacant and peaceful possession of the suit premises in dispute to the respondents-applicant on or before 31.03.2023 and shall not cause any damage to the rent property and shall maintain the same as it is. The respondent shall not execute the impugned decree till 31.03.2023.

(ii) The petitioner shall pay the mesne profit of Rs. 5,000/- per month from the date the rent is due and shall further continue to pay mesne profit every month by 15th day of the next succeeding month or in advance to the respondent up till vacant possession is handed over to the respondent-landlord. The arrears of rent and mesne profit as determined by the Tribunals below, if not already paid, shall also be paid by the petitioner within a period of three months from today and entire amount including the amount already deposited on this account will be disbursed to the respondent.

(iii) The petitioner-defendant shall further undertake that she will not sub-let, assign or part with the possession of the suit premises or any part thereof in favour of anyone else and would not create any third party interest in the same during the aforesaid period and if she does so, the same will be treated as void.

(iv) The petitioner shall furnish a written undertaking incorporating the aforesaid conditions in the trial Court by 31st October, 2022 and one copy thereof along with affidavit in this Court.

(v) The respondent will give the details of their bank account number in which the arrears of rent or mesne profit and regular mesne profit now to be paid, will be deposited within a period of three months from today.

(vi) It is made clear, that in case, the petitioner does not comply with any of the aforesaid conditions, then it will be open for the respondent to get the decree passed in its favour executed forthwith even before the aforesaid dated i.e. 31.03.2023 and the respondent may also initiate contempt proceedings in this Court against the petitioner. No costs.

6. A copy of this judgment be sent to the learned court below forthwith.