RAM CHANDRA RATHI Vs. APPELLATE RENT TRIBUNAL

JUDGEMENT

(1.) While the notice was issued by this Court on 17.07.2009, it was made clear that there exists concrete finding of fact, thus while exercising the jurisdiction under Article 226 of the Constitution of India, the Court will not enter in those findings moreso when, no perversity exists therein. The notice was issued limited to the fact that petitioner is running a shop, thus suit premise being a commercial property, petitioner may be given sufficient time to vacate the same.

(2.) Pursuant to the notice, learned counsel for the respondent has appeared and submitted that period of six months' already exists with the petitioner in view of the provisions of the Act of 2001, thus even if additional period is to be given looking to the fact that it is a commercial property, then maximum six months' additionally may be granted. Thus, total period of one year can be granted to the petitioner. So far as the learned counsel for the petitioner is concern, he demanded a period of four years' to vacate the shop.

(3.) During course of arguments, both the learned counsel for the parties agreed that petitioner may vacate the shop on 30.08.2011 and in view of the aforesaid, this writ petition is disposed off with the following directions:-