MOHAMMED ALI Vs. AJEET SINGH

JUDGEMENT

(1.) Instant petition has been filed by petitioner (tenant) assailing judgment of the Rent Tribunal whereby application filed by respondent (landlord) was decreed and the petitioner (tenant) was directed to hand over vacant possession in terms of decree dt. 25/04/2008 (Ann.1); which was upheld by Appellate Tribunal in his appeal which was dismissed vide order dt.12/05/2010 (Ann.2).

(2.) Respondent-1 filed application seeking eviction U/S 9 of Rajasthan Rent Control Act, 2001 (Act, 2001) on the grounds of default in payment of rent and bonafide & personal necessity. After taking note of material on record, the Tribunal finally recorded the finding holding bonafide & personal necessity of respondent (landlord) and also holding the tenant as defaulter in payment of rent. Against the decree, appeal was preferred by petitioner tenant but while upholding the finding of fact in regard to personal & bonafide necessity of the landlord and default in payment of rent, the appeal was dismissed by appellate Tribunal vide judgment dt.12/05/2010.

(3.) After making submissions for some times, and taking note of concurrent findings of fact & scope of judicial review of this Court U/Arts. 226 & 227 of the Constitution and taking instructions from his client present in court, Counsel for petitioner submits that some reasonable time for searching an alternative accommodation and for vacating the rented premises may be granted upto 31/12/2011, to which after having taken instructions from client present in court, Counsel for respondent-1 has agreed to grant time to hand over vacant & peaceful possession of the rent premises.