- (1.) Heard the learned Counsel for the petitioner. Both the Courts below have recorded concurrent finding of fact that the petitioner who is the tenant was in default. Despite opportunity having been granted to him in the earlier round he still failed to make the deposits in time. The finding so recorded is pure finding of fact based upon consideration of material evidence on record not warranting any interference in writ jurisdiction. Petition lacks merit and is accordingly dismissed.
(2.) The learned Counsel for the petitioner has prayed for a reasonable time to vacate the premises. Considering the fact that the suit had been pending for the last 22 years in the opinion of the Court 3 months would be appropriate time during which the petitioner may vacate the premises provided the tenant-petitioner files before concerned Court, on or before the 6th February, 2012, an application alongwith his affidavit giving an unconditional undertaking to comply with all the conditions mentioned hereinafter: (i) Petitioner-tenant shall not be evicted from the accommodation in his tenancy upto 3rd April, 2012. Tenant-petitioner, his representative/assignee, etc, claiming through him or otherwise, if any, shall vacate the premises without any objection and peacefully delivers vacant possession of the accommodation in question on or before 3rd April, 2012 to the landlords or landlords nominee/representative (if any, appointed and intimated by the landlords) by giving prior advance notice and notifying to the landlords by Registered A.D. post (on their last known address or as may be disclosed in advance by the landlords in writing before the concerned Prescribed Authority) time and date on which landlords are to take possession from the tenant. (ii) Petitioner shall on or before 6th February, 2012 deposit entire decretal amount due towards rent etc. upto date i.e., entire arrears of the past, if any, as well as the rent for the period ending on the 3rd April, 2012. (iii) Petitioner and everyone claiming under him undertakes not to 'change' or 'damage' or transfer/alienate/assign in any manner, the accommodation in question. (iv) In case tenant-petitioner fails to comply with any of the conditions or directions contained in this order, landlords shall be entitled to evict the tenant-petitioner forthwith from the accommodation in question by seeking police force through concerned Court. (v) If there is violation of the under taking of anyone or more of the conditions contained in this order, the defaulting party shall pay Rs. 25000/- (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.;