- (1.) Heard the learned counsel for the petitioner and Sri Islam Ahmad, Advocate representing the respondent. Both the courts below have recorded concurrent finding of fact of bona fide need of the landlord as also comparative hardship between the parties holding that the landlord had the bona fide need and further if the premises is not vacated the landlord would suffer greater hardship. It has also been recorded that the case had been pending for the last 13 years and during which period the tenant-petitioner ought to have made alternative arrangement. It is also recorded that the tenant-petitioner had a premises in his ownership which he could have got vacated and shifted therein instead of insisting to continue in the building of the landlord. Both the findings recorded are based upon consideration of the material evidence on record and are pure finding of facts not warranting any interference in writ jurisdiction. Petition lacks merit and is accordingly dismissed. At this stage the learned counsel for the petitioner has prayed for one year's time to vacate the premises. The counsel for the respondent has objection to grant of one year time but has submitted that any lesser time which the Court may find reasonable may be allowed provided the petitioner submits the usual undertaking before the court below.
(2.) Considering the submissions advanced six months time is allowed to the petitioner to vacate the premises provided the tenant-petitioner files before concerned Prescribed Authority, on or before 8th February, 2012, an application along with his affidavit giving an unconditional undertaking to comply with all the conditions mentioned hereinafter: 1. Petitioner-tenant shall not be evicted from the accommodation in his tenancy up to 7th July, 2012. Tenant-petitioner, his representative/assignee, etc, claiming through him or otherwise, if any, shall vacate the premises without any objection and peacefully deliver vacant possession of the accommodation in question on or before 7th July, 2012 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 her 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. 2. Petitioner shall on or before 8th February, 2012 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 7th July, 2012. 3. Petitioner and everyone claiming under him undertake not to 'change' or 'damage' or transfer/alienate/assign in any manner, the accommodation in question. 4. In case tenant-petitioner fails to comply with any of the conditions or directions contained in this order, landlord shall be entitled to evict the tenant petitioner forthwith from the accommodation in question by seeking police force through concerned prescribed authority. 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.;