- (1.) While the notice was issued by this Court on 17.07.2009, it was made clear that there exists concrete finding of fact, thus while exercising the jurisdiction under Article 226 of the Constitution of India, the Court will not enter in those findings moreso when, no perversity exists therein. The notice was issued limited to the fact that petitioner is running a shop, thus suit premise being a commercial property, petitioner may be given sufficient time to vacate the same.
(2.) Pursuant to the notice, learned counsel for the respondent has appeared and submitted that period of six months' already exists with the petitioner in view of the provisions of the Act of 2001, thus even if additional period is to be given looking to the fact that it is a commercial property, then maximum six months' additionally may be granted. Thus, total period of one year can be granted to the petitioner. So far as the learned counsel for the petitioner is concern, he demanded a period of four years' to vacate the shop.
(3.) During course of arguments, both the learned counsel for the parties agreed that petitioner may vacate the shop on 30.08.2011 and in view of the aforesaid, this writ petition is disposed off with the following directions:- (i)So far as the finding of facts recorded in the order of the Rent Tribunal and the Appellate Rent Tribunal are concern, they are ordered to be maintained. (ii)So far as the execution of the order passed by the tribunal is concern, in view of the agreement between the parties, now the petitioner will vacate the shop on 30.08.2011. (iii)during entire intervention period, the petitioner will pay the rent regularly without any default. (iv)The petitioner will furnish an undertaking before the Executing Court to the fact that he will vacate the premise on 30.08.2011 and will pay rent on monthly basis without default. The aforesaid undertaking may be filed within a period of one month from today. With the aforesaid directions, the writ petition is disposed off.;