M. Katju, J. - (1.) THE petitioner is tenant of the accommodation in dispute since 1971 at the rent of Rs. 60 per month. Respondent Nos. 3 and 4 are landlords thereof. Landlords made an application under Section 21(1)(a) of the U.P. Urban Building Act, 1972 claiming that they have bona fide need of the accommodation in question. Both the Courts below accepted the plea of the landlords that they have bona fide need of the accommodation in question, and their need is greater than that of the petitioner. These are findings of fact which cannot be interfered within writ jurisdiction. I have perused the impugned order of the IInd Additional District Judge, Moradabad, dated 28 -9 -1988. The learned Additional District Judge has gone into the full and detailed facts and has accepted the version of the landlords. In para 18 of the impugned judgment it is stated that it is not disputed that the landlord respondents are residents of Moradabad and were in various services outside. They have retired and wish to live in their own ancestral house. They have no other house any where in the country. As such it is not unnatural for them to wish to live in their own house. It is not necessary for them to go in detail into these findings of fact recorded by the learned Appellate Court and in any case I cannot interfere with these findings of fact in writ jurisdiction.
(2.) SHRI S.D. Pathak, learned Counsel for the petitioner urged that the Court below did not consider certain material evidence. After perusing the impugned order I am satisfied that the Court below considered all relevant materials in evidence. With the aforesaid observations the writ petition is dismissed. There shall be no order as to costs. The petitioner will not be evicted for one year, or anyone else in possession of the disputed accommodation must handover peaceful and vacant possession to the landlords immediately on the expiry of one year from today. The petitioner will also deposit before the prescribed Authority the entire arrears of rent due against him uptil today within two months, and continue to pay to the landlord the rent of each month throughout this one year period by the 10th of each succeeding month, failing which the landlord may execute the eviction order forthwith. The landlord may withdraw the amount deposited.;