Ravi S. Dhavan, J. - (1.) This petition arises from the jurisdiction of Judge, Small Causes. Petitioner as a tenant misutilised the accommodation. Upon a suit by the landlord the Judge, Small Causes decreed it. The VIth Additional District and Sessions Judge, Kanpur in revision affirmed the order of the Trial Court. The decision of Judge, Small Causes in Suit No. 1756 of 1977 is dated 21st December 1981 and the decision in revision No. 31 of 1982 of the VIth Additional District and Sessions Judge is dated 16-1-1987.
(2.) On record there are findings that the accommodation in question had been misutilised as a commercial premises as the tenant petitioner had opened a typing and commercial institute for business purposes. This circumstance has not been denied at the Bar here. Arguments have been heard on behalf of the petitioner and the respondent. Learned Counsel for the petitioner sought the indulgence of the Court that a reasonable time be granted so that the petitioner may deliver vacant possession to the landlord.
(3.) Regard being had to the circumstances that this tenant has resided in the accommodation in question for the last 35 years, this Court grants the indulgence to the petitioner reside in this accommodation till 31st December, 1987. On or before this date he will deliver vacant possession to the landlord respondent without let or hindrance. He shall continue to pay the same amount of rent for use and occupation which he was hitherto paying so far. The rent for December, 1987 will be paid in advance in November. Rent will be payable on the 7th of every month.;