RAJENDRA PRASAD Vs. JUGAL KISHORE AND ANR.

JUDGEMENT

(1.) THIS appeal is filed against the order of the learned Single Judge passed in S.B.Civil Writ Petition No. 4431/2007 by which he dismissed the writ petition and confirmed the order passed by the Rent Tribunal, which was also affirmed by the Appellate Rent Tribunal.

(2.) THE appellant is the tenant of the suit premises and the decree for eviction has been passed on the ground of bonafide requirement of the landlord i.e. respondent. The Rent Tribunal as well as the Appellate Rent Tribunal found that the requirement of the landlord i.e. respondent is just & bonafide. The said finding is upheld by the learned Single Judge. In our view, the order of the Rent Tribunal as well as that of the Appellate Rent Tribunal, which is also confirmed by the learned Single Judge, is just & proper and the said finding cannot be distrubed by this Court in this appeal. However, learned Counsel Mr. Chhangani appearing for the appellant, submits that since the premises in question is a business premises and the appellant will have to find out the alternative accommodation for his business, reasonable time may be granted to him for vacating the suit premises. Learned advocate Mr. Soni, who is appearing on behalf of landlord i.e. respondent, has no objection if reasonable time is granted for vacating the suit premises. He has, however, submitted that one year 's time may be granted to the appellant for vacating the suit premises on the condition that he should file usual undertaking. Upon this, Mr. Chhangani submitted that looking to the shortage of accommodation in the town i.e. Jaisalmer, two years ' time may be granted.

(3.) CONSIDERING the facts & circumstances of the case, while confirming the order of the learned Single Judge, we grant time to the appellant to vacate the suit premises upto 31.01.2009. The said time is granted on the condition that appellant shall file usual undertaking to this Court stating that he is in exclusive possession of the suit premises and that without obstructing in any manner, he will peacefully vacate the suit premises and hand -over the possession thereof to the landlord by 31.01.2009 and in the meanwhile, he will maintain the suit premises in the proper condition and he will not transfer or alienate the same to anyone. In the undertaking, it should also be stated that till the aforesaid date, he will regularly pay the rent to the landlord every month without fail. Such undertaking is to be filed before this Court within a period of four weeks from today. Learned Advocate Mr. Chhangani may communicate this order to his client so that he can file the said undertaking within the stipulated time. A copy of the said undertaking shall also be given to the learned Counsel Mr. Soni appearing for the respondent. In case, the said undertaking is not filed by the appellant within the stipulated time or any of the conditions of the said undertaking is violated, it is always open for the respondent -landlord to initiate proceedings for execution of eviction decree forthwith in order to obtain the possession of the suit premises.