R.B. Mehrotra, J. - (1.) I have heard Sri M.A. Qadeer, learned Advocate at some length. I am satisfied that there is no such error apparent on the face of the record in the judgment of the court below which calls for an interference in exercise of my jurisdiction under Article 226 of the Constitution of India. The writ petition is accordingly dismissed. However, in the facts of the present case, I am satisfied that the petitioner should be given some time to vacate the premises in dispute. I accordingly permit the petitioner to vacate the premises in question, within six months from today, provided the petitioner furnishes an undertaking to the executing court, within three weeks from today, on the following terms: - - (1) That the petitioner will handover the vacant possession of the premises in dispute to respondent No. 3 within six months from today. (2) That the petitioner will pay to respondent No. 3 all the arrears of rent, if any, up to date, within one month from today or in case the respondent No. 3 refuses to accept the rent, the petitioner will deposit the same within one month in the executing court and the respondent No. 3 will be entitled to withdraw the same. (3) That the petitioner will pay to respondent No. 3 mesne profit equivalent to the monthly rent on or before every 10th of calendar month beginning from the month of May 1991 till the petitioner vacates the premises, within six months in accordance with the undertaking given to this Court. In case respondent No. 3 fails to accept such mesne profit, the petitioner will deposit the same in the executing court by 10th of each calendar month and respondent No. 3 will be entitled to withdraw the same. (4) That the petitioner will not handover possession of the premises in dispute to anybody else except respondent No. 3.
(2.) In case the petitioner fails to file the undertaking or commits default in any of the conditions, stated above, the decree of eviction will become executable immediately.;