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2012 DIGILAW 2734 (ALL)

Mangali v. Ram Pyari

2012-11-27

SHASHI KANT GUPTA

body2012
JUDGMENT Shashi Kant Gupta,J. 1. An application under Section 21 of U.P. Act No.13 (in short "Act") was filed by the respondent for the release of the disputed premises on the ground of bonafide and genuine need. The Prescribed Authority after considering the material available on record allowed the said application filed under Section 21 of the Act by order dated 18.8.2009. Being aggrieved and dissatisfied with the said order, the petitioners filed an appeal under Section 22 of the Act which was registered as Rent Control Appeal No. 59 of 2009 and the same was dismissed by order dated 5.9.2012. The appellate court below granted two months' time to the petitioner-appellants to vacate the premises. 2. Heard Sri Prashant, Advocate holding brief of Sri Nikhil Kumar, learned counsel for the petitioners, Sri Gulrez Khan, learned counsel for the respondent-landlord and perused the record. 3. At the very outset, learned counsel for the petitioners stated that he does not want to press this petition and urged that at least six months' time may be granted to the petitioners for vacating the premises in dispute so that in the meantime they may be able to search out some other suitable accommodation. Sri Gulrez Khan, learned counsel for the respondent-landlord did not raise any objection to it. 4. In the result this petition is dismissed. However, as urged by the learned counsel for the petitioners, six months' time is granted to the petitioners to vacate the premises in dispute provided the petitioners give their undertaking in the form of an affidavit before the prescribed authority within one month from today specifically stating therein that they will handover the peaceful possession of the said accommodation to the respondent-landlord without inducting any third person within a period of six months' from today and will pay the entire arrears of rent including the current rent payable upto the date of delivery of the possession as indicated herein above. 5. In the event of default of any of the aforesaid conditions, the respondent-landlord will be at liberty to proceed to evict the petitioners in accordance with law.