Jagdish Chandra Gupta, J. - (1.) HEARD the petitioner's counsel and Sri R. Tandon appearing for respondent No. 3. It is a tenant's writ petition filed against the orders of respondents No. 1 and 2. Respondent No. 3 is landlord of the accommodation in question, which is a portion of residential building and is in the tenancy of the petitioner. The landlord moved an application under Section 21(a) of U.P. Act No. 13 of 1972 for the release of tenanted accommodation for personal requirement of his family. The tenant made objection that the landlord was in occupation of sufficient accommodation and there was no bonafide need for additional accommodation. Both the Court below have concurrently found that the landlord has got with him only four rooms on the ground floor which are not sufficient to cater the need of his family members. As far as the accommodation of the first floor is concerned, the concurrent finding is that the landlord is not in occupation of any room but the first floor is in occupation of Bhabhi of the landlord. The findings recorded by Court below are essentially findings of fact and are not shown to be perverse or suffering from any manifest error of law. In this view of matter this writ petition is liable to be dismissed. At this stage, the learned counsel for the petitioner requested that the petitioner may be allowed a reasonable time to vacate the accommodation in question. The learned counsel for the respondent No. 3 has no objection to it provided the petitioner gives an undertaking in writing to the same effect before Prescribed Authority within a specified period. In the circumstances of the case, this writ petition is allowed three month's time to vacate the accommodation in question on the condition of his furnishing an undertaking in writing before the Prescribed Authority within two weeks to the effect that on or before expiry of three months' period, the petitioner shall hand over the vacant possession of the accommodation in question to the landlord and on payment of rent as and when the same becomes due. In case the required undertaking is not filed within the aforesaid period, it shall be open to the landlord to get the order of eviction enforced forthwith.
(2.) A certified copy of this order may be given to the parties within 48 hours on payment of usual charges.;