ORAL ORDER Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mr. Manoj Kumar for the opposite parties. 2. This Civil Revision application under Section 14(8) of the Bihar Building (Lease Rent and Eviction) Control Act 1982 (herein after referred to as the Act), is directed against the judgment and order dated 28.9.2011 passed in Title (Eviction) suit no. 27 of 2003 whereby the learned Munsif II Bhagalpur has decreed the suit in favour of the plaintiff and directed the defendant to handover the suit premises within 60 days of the judgment and order. 3. The suit in question had been filed raising a plea of personal necessity and which plea has been approved under the judgment and order impugned. While the matter is pending consideration before this Court, an Execution case has been filed by the decree holder giving rise to Execution case no. 11 of 2011 which is pending in the court of Munsif-II, Bhagalpur. An application for stay of Execution proceeding has been filed by the petitioner bearing I.A. No.1081 of 2013. It is stated that even before the matter could be taken up for consideration on merits, the plaintiff- opposite party has levied the execution case. On the request made by the learned counsel appearing on behalf of the defendant/ petitioner for seeking instruction in the matter as to whether he intends to contest the matter on merits or is willing to vacate the premises within a reasonable period, the matter was adjourned and whereafter it is taken up today. 4. A supplementary affidavit has been filed today on behalf of the defendant petitioner in which it is stated that he is running a Saw Mill in the premises under a licence granted by the Forest Department and a copy whereof is placed at (Annexure-1) to the supplementary affidavit. It is stated that the said licence has been granted to the petitioner in relation to the suit property and is valid up to 31.12.2013. It is further stated in Paragraph 5 of the affidavit that the renewal of the Saw Mill licence normally takes place in the month of November and December each year and thus until such time that the petitioner can make an application for renewal of licence in relation to his own holding bearing holding no. 42, he may be permitted to continue in the suit premises. 42, he may be permitted to continue in the suit premises. The licence granted by the Forest Department in relation to the Saw Mill of the petitioner is placed at Annexure-1 and which is in relation to ward no. 13 old(15 new), holding no. 13,Dr. Rajendra Prasad Road, Khalifabag, Bhagalpur which is owned by the plaintiff. The plot owned by the defendant/petitioner is bearing holding no 42 of Khata No.13 and which is evident from the receipt granted by the Bhagalpur Municipal Corporation in favour of the father of the petitioner, placed at Annexure-2 to the supplementary affidavit. 5. Mr. Ajay Kumar Singh learned counsel for the petitioner with reference to the statement made in para 7 and 9 of the affidavit submits that the petitioner undertakes to vacate the premises within two months of his renewal of licence for the period ending 31.12.2014, and shall continue making payment of the rent and thus the petitioner may be permitted to continue in the suit premises until then. Dr. Manoj Kumar learned counsel appearing for the decree holder has expressed no serious objection to the undertaking given by the petitioner for vacating the premises except that the period is too long and that there should not be any delay in handing over of the possession of the suit property, no sooner the renewal takes place. 6. Since the parties do not intend to contest the matter on merits hence this Court, on consideration of the submission advanced on behalf of the parties; taking note of the operation of the Saw Mill in the suit premises on a valid licence; and taking note of the undertaking given by the petitioner of vacating the suit premises within two months from the date of renewal of his Saw Mill licence which according to the own statement of the petitioner takes place in the month of November and December each year, is of the opinion that the defendant- petitioner may continue in the suit premises for the present but he should vacate the suit premises positively and latest by 31 January 2014, whether or not the Saw Mill Licence is renewed. 7. 7. This Court thus without entering into the merits of the case, disposes of this application in the light of the undertaking given by the defendant/ petitioner and with direction to the petitioner to vacate the premises on or before 31.1.2014 and until such time, he shall continue making payment of the rent, each month in advance. In case the petitioner fails to make payment of rent latest by the first week of each month in advance, the decree holder shall be at liberty to seek modification of this order. On the other hand if the petitioner has any difficulty in making payment of the rent to the decree holder, he may deposit the same before the Executing Court along with an affidavit explaining the reason for such deposit. The petitioner upon vacating the premises on or before 31.1.2014 shall file an affidavit to this effect before the Executing Court. 8. It goes without saying that if the petitioner fails to vacate the premises on or before 31.1.2014, this order shall stand recalled and the Civil Revision application shall stand dismissed. 9. In view of the nature of order passed herein above, further proceeding in Execution case no. 11 of 2011 pending in the court of Munsif-II, Bhagalpur shall remain stayed until 31.1.2014. With the above observation and directions this application is disposed of.