Anshuman Singh, J. - (1.) This is a tenant's petition arising out of proceedings under Section 21(1)(a) of the Act No. 13 of 1972. The Prescribed Authority as well as the Appellate Authority have recorded a concurrent finding of fact that the need of the landlord-respondent is bona fide and genuine and on comparison of hardship, the authorities have come to the conclusion that in case the application of the landlord-respondent is rejected, he will suffer greater hardship. In view of the said fact, I am not inclined to interfere under Article 226 of the Constitution of India. The petition is accordingly rejected.
(2.) After the petition was rejected, Counsel for the petitioner urged that the tenant is a railway employee and he has applied for allotment of an accommodation and his name is in the waiting list and is likely to get the accommodation shortly. Apart from this, he further contended that rainy season has started and it is desirable that the petitioner may be granted some reasonable time to vacate the premises in dispute. In view of the said fact, I am of the opinion that the petitioner may be granted eight months time to vacate the premises in dispute.
(3.) In case the petitioner gives undertaking before the Prescribed Authority, Moradabad within a period of two weeks that he will deliver vacant possession of the premises in dispute to Respondent No. 3 within a period of eight months, he shall not be evicted from the same for eight months and he shall also keep on paying monthly rent damages to Respondent No. 3. In case of default of any of the conditions, it will be open to Respondent No. 3 to get the petitioner evicted immediately with police force.;