IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 396 OF 2008 Shantilal Mohanlal Bedmuttha...... ...... ...... Appellant V/s Smt.Shantabai Janardhan Mahajan & Ors. ...... ..... Respondents. Mr.Vikas Shivarkar, Adv. For the appellant. Mr.Milind Deshmukh, Adv. For respondents 1 to 4. CORAM: R.V. MORE, J. 19th NOVEMBER, 2008. PC: Heard Mr.Shivarkar, Adv. For the appellant and Mr.Deshmukh, Adv. For the respondents. The appellant is the original defendant and the respondents are original plaintiffs. Suit was filed for possession of the suit property along with arrears of rent and compensation. The suit came to be decreed by the trial Court. The trial court decree is confirmed by the lower appellate Court and therefore the present second appeal. 2. There is no dispute that protection under Rent Act is not applicable to the suit property and therefore suit is filed under Transfer of Property Act. Both the Courts below have held that the appellant-defendant' s tenancy was validly terminated by respondents- plaintiffs by notice dated 4.4.2002. It was also concurrently held that the aforesaid notice of termination was legal and valid. I do not find 1 any error in the aforesaid concurrent findings calling for any interference in the aforesaid second appeal. Second appeal is accordingly dismissed. 3. At this stage Mr.Shivarkar, learned advocate for the appellant seeks six months' time to vacate the suit premises. Mr.Deshmukh, learned advocate for respondents submits that period of six months will be too long. The appellant is running stationery shop in the suit premises since last more than 30 years. In that view of the matter, interest of justice will be met if the appellant is granted six months' time to vacate the suit premises provided all adult members of the appellant' s family file usual undertaking in trial Court within a period of three weeks from today. In view of dismissal of second appeal civil application No.1028/08 does not survive. 19.11.08 (R.V. MORE, J.) 2