A.K. Yog, J. - (1.) SHRI Virendra Kumar, learned counsel appearing on behalf of Petitioners at the very outset stated that the Petitioners want six months time to vacate the accommodation in question (fully described at the foot of the plaint - -Annexure No. 1 to the writ petition, pp. 21). Shri Rajesh Tandon, Advocate appearing on behalf of contesting Respondent No. 3 has no objection provided Petitioners vacate the accommodation peacefully immediately on expiry of said period of six months.
(2.) IN the aforesaid circumstances, I direct the Petitioners to comply with following conditions to which Shri Virendra Kumar, Advocate has assured that Petitioners shall comply with the same. I, accordingly, direct as follows: (1) The tenant -petitioner shall file before concerned Prescribed Authority, on or before 15th July, 2000, an application along with her affidavit giving an unconditional undertaking to comply with all the conditions mentioned herein called. (2) Petitioner -tenant shall not be evicted from the accommodation in her tenancy for six months, i.e., up to 30th November, 2000. Tenant -petitioner, the representative/assignee, etc., claiming through her or otherwise, if any, shall vacate without objection and peacefully deliver vacant possession of the accommodation in question on or before 30th November, 2000 to the landlord or landlord's nominee/representative (if any) appointed and intimated by the landlord by giving prior advance notice and notifying to the landlord by Registered A.D. post (on his last known address or as may be disclosed in advance by the landlord in writing before the concerned Prescribed Authority) time and date on which landlord is to take possession from the tenant. (3) Petitioner shall on or before 15th July, 2000 deposit entire amount due towards rent etc. up to date i.e., entire arrears of the past, if any, as well as the rent for the period ending on the 30th November, 2000. (4) Petitioner and everyone claiming under her undertake not to change or damage or transfer/alienate/assign in any manner, the accommodation in question. (5) In case tenant -petitioner fails to comply with any of the conditions/or direction/s contained in this order, landlord shall be entitled to evict the tenant -petitioner forthwith from the accommodation in question by seeking police force through concerning prescribed authority. (6) If there is violation of the undertaking of anyone or more of the conditions contained in this order, the defaulting partly shall pay Rs. 25,000 (Rupees Twenty five thousand only) as damages to the other party besides rendering himself/herself liable to be prosecuted for committing grossest contempt of the Court.
(3.) WRIT Petition is, however, dismissed on merits subject to the directions and conditions contained above. No order as to costs.;