Yatindra Singh, J. - (1.) THE Jaunpur (Magra) Co -operative Marketing Society Ltd. Tehri Garhwal having its registered office at Mussoorie (the contesting respondent) had purchased the premises in dispute in which one Sri Govind Ram Chopra was already a sitting tenant. The contesting respondent filed an application before the Rent Control and Eviction Officer, Mussoorie (respondent No. 1) for declaring the premises to be vacant on the ground that after death of Sri Govind Ram Chopra his widow was living in the premises and after her death no one is living in the premises and their son Sri N.K. Chopra had already shifted to Delhi and permanently living there. Thereafter notices on Sri N.K. Chopra petitioner were served at his Delhi residence J2/3A, Krishna Nagar New Delhi. Subsequently the Rent Control and Eviction Officer by his order dated 18th June, 1998 had declared the premises to be vacant on the ground that Sri N.K. Chopra is not normally residing in the premises in dispute, hence the present writ petition. Sri Tarun Verma, Counsel for the petitioner has argued that there is no finding that the tenant has removed his effects from the premises in dispute and as such impugned order dated 18th June, 1998 is liable to be quashed. It is not disputed that Sri N.K. Chopra has got a house in Delhi. The notices were served there. The petitioner in the objection filed before the Rent Control and Eviction Officer has nowhere stated as into what connection petitioner has to stay in Mussoorie. The contesting respondent is a Co -operative Society. It requires the premises for its storing vegetables and selling the same. After looking all these circumstances and considering the evidence the Rent Control and Eviction Officer has held that Sri N.K. Chopra is normally not residing in the premises in dispute. There is no illegality in these findings.
(2.) IT is not a fit case for interference under Article 226 of the Constitution of India. The Writ Petition is dismissed. However, the petitioner is granted three months time to vacate the premises in dispute provided he filed an undertaking in the form of an affidavit before the Rent Control and Eviction Officer within one month from today that he will vacate the premises within three months and pay the rent for the period of his occupation. With the above directions the writ petition is dismissed.;