K.N. Misra, J. - (1.) Heard learned Counsel for the petitioners Sri Bireshwar Nath and learned Counsel Dr. L.P. Misra for the opposite party. The case stands concluded by the finding of fact recorded by opposite parties No. 1 and 2 and the impugned orders do not suffer from any error of fact, law or jurisdiction so as to call for interference by this Court in exercise of powers under Article 226 of the Constitution of India.
(2.) After carefully considering the evidence on record the Prescribed Authority has held that the need of the landlord opposite party No. 3 is bona fide and genuine and the hardship of the landlord would be greater than the hardship of the tenant in case the applicant's applications under Section 21 (1) (a) of the Act is not allowed. The finding has been confirmed by the opposite party No. 1 in appeal filed by the petitioners. There appears no good ground to interfere with the impugned orders and with the writ petition is accordingly rejected.
(3.) Learned Counsel for the petitioners Sri Bireshwar Nath, however, urged that the petitioners be granted at least nine months time to vacate the premises and to deliver vacant possession to opposite party No. 3. Although this prayer is contested by the learned Counsel for the opposite party No. 3, but in the interest of justice 1st grant nine months time to the petitioner Nos. 1 and 2 to vacate the premises in question and deliver vacant possession of the premises in question to the opposite party No. 3 by 7th February, 1988. The petitioners will furnish undertaking to that effect before the Prescribed Authority within three weeks from to-day failing which this order will automatically lapse and the opposite party No. 3 will be entitled to execute the impugned orders forthwith. It is further provided that in case the petitioners furnish undertaking as provided above before the Prescribed Authority, they would continue to occupy the premises till 7th February, 1988 and they will also pay regularly the amount of monthly rent which they have been paying hereinbefore for the use and occupation of the premises in question during said period.;