VIJAY Vs. EHSAAN MOHD.

JUDGEMENT

(1.) THE present writ petition of the petitioner -tenant is directed against the judgment dated 16.07.20013 passed by the learned Appellate Rent Tribunal, Jodhpur in Rent Appeal No. 59/2012 - Vijay v. Ehsaan Mohd., whereby the learned Appellate Rent Tribunal dismissed the appeal and affirmed the judgment dated 17.04.2012 passed by the learned Rent Tribunal, Jodhpur in Civil Misc. Case No. 07/2011 - Vijay v. Ehsaan Mohd., whereby the learned Rent Tribunal dismissed the application of the petitioner -tenant preferred against the exparte order dated 30.07.2010 passed by Rent Tribunal in Case No. 12/2010, whereby the Rent Tribunal accepted the application under Order 9(I) of Rajasthan Land Control Act, 2001 preferred by respondent landlord for eviction of petitioner -tenant in respect of shop situated at Ghanerao -ki -Haveli, Sojati Gate, Jodhpur. The learned counsel for the petitioner -tenant, Mr. J.R. Patel, after arguing the matter for some time, has submitted that he does not want to press the grounds raised in the writ petition, however, prayed that a reasonable time for eviction and handing over vacant and peaceful possession of the suit premises may be given and reasonable mesne profit may be fixed for that period of use and occupation by the petitioner -tenant.

(2.) THE learned counsel for the respondent -landlord does not seriously dispute the said prayer.

(3.) IT is made clear that in case, the petitioner -tenant does not comply with any of the aforesaid conditions, then it will be open for the respondent -landlord to get the decree passed in his favour executed even before the aforesaid date i.e. 30.09.2015 and the plaintiff -landlord may also initiate contempt proceedings in this Court. With the aforesaid terms, conditions and directions, the present writ petition is accordingly dismissed. No costs.