Ravi S. Dhavan, J. - (1.) This is a tenant's petition arising out of the jurisdiction of the Judge, Small Causes. The tenant did not unfortunately pay or deposit in the Court the entire amount of rent and damages for use and occupation of the accommodation which he utilized, inclusive of landlord's cost of the suit etc. as contemplated under sub-clause (4) of Section 20 of the U.P. Act No. XIII of 1972. In these circumstances the learned Vth Additional District Judge, Kanpur by his order dated 6th February, 1987 rightly declined to interfere in the revision filed at the instance of the tenant petitioner. There is no illegality in the impugned order aforesaid, and thus, this Court ought not to interfere in its jurisdiction under Article 226 of the Constitution of India. The petition is thus dismissed.
(2.) After this order was dictated, the learned Counsel for the petitioner sought indulgence of this Court and made a submission to the effect that the petitioner acquiesces to the order of this Court. Learned Counsel submitted the indulgence be granted by this Court to the tenant-petitioner, to vacate the accommodation, within a period set by this Court.
(3.) Subject to an affidavit containing an undertaking being filed under intimation to the landlord, before the Judge, Small Causes, Kanpur, before whom Suit No. 403 of 1985, Radhey Shyam Bagaria v. Kuber Ram , was pending, the tenant is permitted to reside in the accommodation till 18th July, 1987. The affidavit will contain an undertaking to the effect that on or before 18th July, 1987 the petitioner would deliver vacant possession without let or hindrance to the landlord and that by 1st June, 1987 he will deposit before the Court of Judge, Small Causes, the entire amount to satisfy the decree of the Trial Court as affirmed and further rent effective till 18th July, 1987, failing which the indulgence granted by this Court shall stand withdrawn and the petitioner will be liable to be evicted, forthwith. Petition dismissed.;