R.B. Mehrotra, J. - (1.) SRI Faujdar Rai appearing for the contesting respondents gives an undertaking that the contesting respondents will vacate houses No. 11/75, situated at Chauka Ghat, Varanasi, within a week from today and will inform the Rent Control and Eviction Officer, Varanasi regarding his vacating of house No. 11/75 situated at Chauka Ghat, Varanasi. Thereafter the said house will be notified as having become vacant. The petitioners may apply for allotment of the aforesaid house in accordance with law. The question as to whether the house should be released in favour of the landlord or may be allotted to one of the applicants, will be decided by the concerned Rent Control and Eviction Officer, within four months from the date the certified copy of this order is produced after House No. 11/75 is vacated by the respondents -landlord. The petitioners are allowed six months time for vacating the premises in dispute, provided the petitioners furnish an undertaking before the prescribed Authority, within a month that the petitioners will handover possession of the premises in dispute in favour of the landlord after the expiry of six months from today and that the petitioners will continue to pay an amount equivalent to monthly rent for six months' period for which the petitioner has been allowed to stay in the premises in question. In case the landlord refused to accept the aforesaid amount, the petitioners will deposit the same with the Prescribed Authority and the respondent -landlord will be entitled to receive it from the court of the Prescribed Authority and that the petitioners will also pay the entire arrears of rent which are due against them towards rent of the disputed accommodation, within a month from today. The petitioners will however, be entitled to adjust the amount which they have already deposited towards rent in the court. In case the landlord refuses to receive aforesaid amount, the petitioners will deposit the said amount of rent in the court of the proscribed Authority which the landlord will be entitled to withdraw. In the case the petitioners fail to give the requisite undertaking as directed above, or fail to comply with any of the conditions of undertaking, the petitioners will become liable to be ejected immediately after one month from today. With the aforesaid observations, the writ petition is disposed of.
(2.) A copy of this order may be given to the counsel for the parties, on payment of usual charges, within three days.;