SHISHIR KUMAR,J. - (1.) HEARD Sri A.K.Pandey, learned counsel for petitioner and Sri Manish Tandon, learned counsel for respondents.
(2.) THIS writ petition has been filed against an order passed by prescribed authority by which application filed by respondent-landlord has been dismissed. I have gone through the record and a finding has been recorded that landlord is having 17 family members and tenant-petitioner except an objection, no documentary evidence has been filed to prove that her need is genuine and bonafide. Prescribed authority after considering the evidence on record has recorded a finding that petitioner is having another accommodation and she can easily shift to that place but as regards the need of landlord is concerned, if the accommodation is not released in his favour, he will suffer more hardship than petitioner. Further finding has been recorded that during pendency of application, tenant has not made any effort to get an alternative accommodation, in such circumstances, prescribed authority as well as the Appellate Authority has found that need of landlord is more genuine and bonafide and, in case, accommodation is not released respondent-landlord will suffer more hardship than petitioner. I am of view that findings recorded by courts below are finding of fact, needs no interference by this Court., Writ petition is devoid of merits and is hereby dismissed, however, without imposing any cost.
(3.) AT the last, learned counsel appearing for petitioner submits that some reasonable time may be granted to vacate the said premises. It is provided that in case, petitioner moves an application within three weeks supported by an affidavit in the shape of undertaking before the court below specifically mentioned therein that immediately after expiry of period of six months from today, she will vacate the said premises and will handover peaceful possession to respondent-landlord without inducting any third person, then in that case, court below after due satisfaction will grant six months time from today. It is also made clear that petitioner tenant will pay the rent of six months from today to respondent landlord before vacation of the said premises.;