LACHMAN PRASAD Vs. DISTRICT JUDGE, SAHJAHANPUR AND OTHERS

JUDGEMENT

(1.) By means of this petition under Art. 226 of the Constitution of India the petitioner has challenged the order passed by the District Judge, Shahjahanpur, dated 22-5-1987 rejecting the appeal of the petitioner tenant. Both the Courts below have recorded a concurrent finding of fact that the landlord has proved that the accommodation is in delapidated condition and he has also satisfied the provisions of Rule 17. In view of the concurrent finding of fact recorded by the authorities below which is based on material evidence on record. I am not inclined to interfere in this petition is accordingly rejected.

(2.) After the petition is rejected Counsel for the petitioner made a request in view of the fact that the rainy season is approaching the petitioner tenant may be given some reasonable time to vacate the accommodation in question. I, therefore, grant six months' time to the petitioner to vacate the accommodation in dispute. Sri N.S. Kulshrestha, learned Counsel appearing for the petitioner, gives an undertaking that the petitioner will deliver vacant possession of the accommodation in question to the Respondent No. 3 on expiry of six months from today and shall also keep on paying monthly rent and damages by the 7th of each months. In case of default it would be open to the respondent landlord to get the petitioner evicted in accordance with law. Petition dismissed.