The court upheld previous judgments and mandated the petitioner to vacate the premises and settle arrears, emphasizing compliance with the undertaking.

Order :

1. Heard learned counsel for the parties.

2. The present writ petition has been filed against the judgment dated 01.12.2021 (Annex.3) passed by the Rent Tribunal, Barmer and the judgment dated 07.01.2025 (Annex.5) passed by the Rent Appellate Tribunal, Barmer.

3. Learned counsel for the petitioner instead of assailing the validity of the orders and without joining the issues on merit submits that the petitioner is ready and willing to hand over vacant and peaceful possession of the rented premises to the respondent, provided that a reasonable time is granted to do so. Learned counsel further submits that the petitioner is ready to pay the mesne profits along with the entire arrears of rent on or before 30.05.2025 and, thereafter, he will continue to pay the monthly rent. He also submits that the petitioner will furnish an undertaking to this effect before the Rent Tribunal.

4. Learned counsel for the respondent does not object to the submission made by the counsel for the petitioner and submits that the petitioner should file an undertaking before the Rent Tribunal to the effect that he will hand over the peaceful and vacant possession of the shop in question on or before the date so fixed by this Court.

5. I have considered the submissions made at the Bar and have gone through the relevant record of the case.

6. Since the petitioner is not joining the issues on merit, therefore, the judgment dated 01.12.2021 (Annex.3) passed by the Rent Tribunal, Barmer and the judgment dated 07.01.2025 (Annex.5) passed by the Rent Appellate Tribunal, Barmer are not interfered with and are upheld.

7. In view of the submission made by the counsel for the petitioner, the petitioner is directed to hand over the vacant and peaceful possession of the rented premises to the respondent on or before 31.12.2025. The petitioner is further directed to pay the mesne profits along with the arrears of rent on or before 30.05.2025 and, thereafter, he will continue to pay the monthly rent as agreed between both the parties. The petitioner shall also file an undertaking to that effect before the Rent Tribunal.

8. It is made clear that in case the order passed by this Court is not complied with by the petitioner, the respondent will be free to take appropriate proceedings including the filing of contempt before this Court for non-compliance of the undertaking given by the petitioner before this Court.

9. The writ petition is disposed of in the above terms. The stay petition and other pending applications, if any, shall also stand disposed of accordingly.