S. Parasmal Jain (Decd) & Others v. M. Kamalakshibai
2009-10-30
M.VENUGOPAL
body2009
DigiLaw.ai
Judgment :- Heard both sides. The sixth petitioner has filed an affidavit dated 06.09.2009 before this Court stating that he is not interested in prosecuting the civil revision petition and to undertake to vacate and hand over the petition mentioned premises to the respondent/landlady. 2. The other petitioners 1 to 5 have also filed a supporting affidavit dated 20.10.2009 and 010. 2009 respectively stating that they have no objection to the undertaking given by the sixth petitioner to vacate and hand over the premises and they agree to abide by the said undertaking. However, the respondent/landlady has filed an affidavit dated 30.10.2009 before this Court stating that she has given consent for granting six months time to the petitioners if they have given an undertaking to vacate and hand over the premises within a period of six months without resorting to execution proceedings. 3. In view, of the affidavit filed by the respondent/landlady whereby she has agreed for six months time being granted to the petitioners to vacate the premises and hand over the same, the learned counsel for the petitioners submits before this Court that the petitioners may be given nine months time to vacate the petition mentioned premises. However, an averment of the affidavit dated 010. 09 filed by the sixth petitioner before this Court goes to the effect that he is carrying on textile business in the petition mentioned premises and doing brisk business and that he requires one year time to vacate and hand over the demised premises to the respondent/landlady. 4. Considering the fact that the sixth petitioner is carrying on textile business in the petition mentioned premises and taking note of the request made by the sixth petitioner, this Court on the basis of Equity, Fair play and Good Conscience grants nine months time to the petitioner from today i.e., 30.10.2009 to vacate and hand over the petition mentioned premises to the respondent/landlady and the affidavit filed by the sixth petitioner along with the other supporting affidavits filed by the other petitioners are recorded and it is hereby ordered to form part and parcel of the record of this civil revision petition.
Further the petitioners are directed to file an affidavit before this Court within a week from the date of their vacating and handing over the vacant possession of the premises to the respondent/landlady within the time granted by this Court without fail and the petitioners are directed to adhere to the order of this Court passed herein scruplessly in true letter of spirit without any deviation whatsoever. It is made very clear that the petitioners are directed to pay the monthly rent due to the respondent/landlady without any default and they shall continue to pay till they vacate and hand over the demised premises within a period of nine months from today and with these observations the civil revision petition is disposed of without costs. 5. In fine, for the forgoing observation, the civil revision petition is disposed of leaving the parties to bear their own costs. Consequently, M.P.No.1 of 2009 is closed.