Sudhir Narain, J. - (1.) THIS writ petition is directed against the order dated 24.8.1996 passed by the Prescribed Authority releasing the disputed accommodation and the order dated 8.10.1998 passed by Respondent No. 2 affirming the said order in Appeal. The landlord -Respondent No. 1 filed an application for release of the disputed accommodation on the allegation that he has retired from service and wants to live in the accommodation in question. The petitioner contested the application taking various pleas. The Prescribed Authority allowed the application on the finding that Respondent No. 1 has retired from service and wants to live in the house in question. The Prescribed Authority allowed the application on 24.8.1996. The petitioner filed an appeal against the said order. Respondent No. 2 has dismissed the appeal by the impugned order dated 8.10.1998.
(2.) I have heard Sri H.N. Tripathi, learned counsel for the petitioner and Sri P.K. Jain, learned counsel for the respondent. Learned counsel for the petitioner contended that the petitioner was occupying the disputed accommodation without any allotment order and as such his possession was unauthorised and no proceeding under Section 21 of the Act was maintainable against him. This point has been considered in Brijnandan Sahai Hajela v. Additional District Judge, Shahjahanpur, 1996 (27) ALR 35 (Sum.) : 1996 (1) ARC 165, wherein it has been held that a tenant in a proceeding under Section 21(a) of the Act cannot raise this plea. In the end, learned counsel for the petitioner submitted that some time be granted to the petitioner to vacate the disputed accommodation. Having considered the submissions made by the learned counsel for the parties and considering the facts and circumstances of the case, the petitioner is granted 6 months time to vacate the disputed accommodation provided he gives an undertaking on affidavit to Respondent No. 3 within two weeks from today that he will vacate the disputed premises within the time granted by this Court and hand over its peaceful possession to Respondent No. 1. The writ petition is dismissed subject to the observations made above. ;