MAHTAB KHAN Vs. AKHTARI BEGUM

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner. Both the Courts below have recorded concurrent finding of fact that the petitioner who is the tenant was in default. Despite opportunity having been granted to him in the earlier round he still failed to make the deposits in time. The finding so recorded is pure finding of fact based upon consideration of material evidence on record not warranting any interference in writ jurisdiction. Petition lacks merit and is accordingly dismissed.

(2.) The learned Counsel for the petitioner has prayed for a reasonable time to vacate the premises. Considering the fact that the suit had been pending for the last 22 years in the opinion of the Court 3 months would be appropriate time during which the petitioner may vacate the premises provided the tenant-petitioner files before concerned Court, on or before the 6th February, 2012, an application alongwith his affidavit giving an unconditional undertaking to comply with all the conditions mentioned hereinafter: