KUNDAN DAS Vs. SHRI SHYAM SUNDER LOHIYA

JUDGEMENT

(1.) This writ petition has been filed by defendant-tenant petitioners assailing judgment dated 5.9.2016 passed by court of learned Rent Appellate Tribunal, Kota, in Appeal No. 73/2015, whereby appeal of the petitioners was dismissed the Appeal No. 72/2015 of respondent filed against the judgment and recovery certificate dated 3.8.2015 was partly allowed, whereby eviction petition filed by plaintiff-landlord-respondent for eviction from the property in dispute, on the ground of bona fide necessity and acquiring alternative premises was decreed by learned Rent Tribunal.

(2.) On hearing learned counsel for the parties and perusing material on record, I find that there is concurrent finding of fact on the issue of bona fide necessity and acquiring alternative premises, therefore, no case is made out for interference. However, at this stage, learned senior counsel for the petitioners has made alternative prayer for granting reasonable time to vacate the suit shop. Since petitioners are tenant in the suit premises since long, this court deems it appropriate to grant time upto 31.12.2018 to defendant-tenant-petitioners to handover peaceful vacant possession of suit premise to plaintiff-landlord-respondent on following conditions:-

(3.) It is made clear that in case, defendant-tenant-petitioners does not comply with any of aforesaid conditions, then the Rent Tribunal shall ensure his eviction without requiring plaintiff-landlord-respondents to file separate execution petition even before aforesaid date and it will be open for plaintiff-landlord-respondents to initiate contempt proceedings in this court.