Order

The matter comes up on the application (I.A. No.1/2026) seeking preponement of date of hearing.

For the reasons mentioned in the application, the application is allowed.

With the consent of learned counsel for the parties, the matter is taken up for consideration today itself.

The present writ petition has been preferred by the petitioner-landlord under Article 227 of the Constitution of India against the order dated 16.09.2022, passed by the learned Appellate Rent Tribunal, Bhilwara in Appeal No.1/2021, whereby the learned Appellate Rent Tribunal, however, allowed the appeal filed by the appellant-petitioner to the extent of revision of rent, but partly allowed the appeal of the respondent-tenant while reversing the finding of the Rent Tribunal, Bhilwara vide order dated 17.08.2020, in Rent Case No.85/2012, to the extent of rent and bonafide necessity of the petitioner.

After arguing the matter at length, learned counsel for the respondent submits that the respondent-tenant may be granted some time to vacate and handover the peaceful possession of the rented premise in question. It is also submitted that the respondent-tenant has already paid a sum of Rs.2,36,000/- towards arrears of rent and undertakes to pay arrears of 8 months rent and future rents/mesne profit as per the order of the Appellate Court till the vacation of the premises.

Learned counsel for the petitioner does not dispute the aforesaid prayer subject to the condition that the property in question is vacated and handed over to the petitioner-landlord on or before 31.12.2026.

In these circumstances, present writ petition is disposed of.

The order dated 16.09.2022, passed by the learned Appellate Rent Tribunal, Bhilwara in Appeal No.1/2021 is quashed and set aside. However, respondent-tenant shall be allowed to retain the possession of the suit premises and shall handover peaceful and vacant possession of the premises in question to the petitioner- landlord on or before 31.12.2026, subject to following conditions:-

(i) The respondent-tenant shall personally submit an undertaking supported by his affidavit before the trial Court to the effect that on or before 31.12.2026, he shall handover peaceful and vacant possession of the suit premises to the petitioner-landlord. He shall also undertake neither to cause any damage to the suit premises, nor to make any alteration and not to assign, subject or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance.

(ii) The respondent-tenant shall pay mesne profit as ordered by learned trial Court below and will further continue to pay the same on or before 7th day of each month in the bank account of the petitioner-landlord or in the trial Court till the vacant possession of the suit property is handed over i.e. by 31.12.2026. The arrears of rent and mesne profit, as determined by learned Appellate Court, if not already paid, shall also be paid by him within a period of three months from today and entire amount, including amount already deposited on this account, will be disbursed to the petitioner-plaintiff.

(iii)On respondent-tenant’s furnishing undertaking aforesaid and abiding by the terms and conditions of the order, petitioner-plaintiff shall not execute impugned judgment and certificate till 31.12.2026.

It is made clear that upon respondent-tenant’s failure to comply with any of the conditions aforesaid or violating any terms of the undertaking, the petitioner-landlord shall be entitled to execute judgment and certificate impugned forthwith, besides initiating proceedings for contempt of Court, in accordance with law.

The stay application and all pending applications, if any, also stands disposed of accordingly.