S.B.CIVIL SECOND APPEAL NO. 122/2008 Firm Ghasi Lal Laxminarain Versus. Smt. Jagani Devi 11/08/2008 HON'BLE MR.JUSTICE ASHOK PARIHAR. Mr. JP Goyal, for the appellant. Mr. GK Garg, for the respondent. Suit for eviction filed by the plaintiff-respondent was decreed by the trial court vide judgment and decree dated 07/02/2005. The above judgment and decree passed by the trial court has further been affirmed by the lower appellate court vide judgment and decree dated 05/03/2008. After hearing counsel for the parties, I have carefully gone through the material on record. On the basis of concurrent findings of fact both the courts below have decided the issues of bonafide necessity, comparative hardship and even partial eviction in favour of the plaintiff-respondent. A proposal has also been made by the plaintiff-respondent in regard to providing alternative accommodation on the same conditions, however, not been accepted by the defendant-appellant so far. Since after due consideration proper discretion has already been used by both the courts below, in the facts and circumstances, no further interference is called for by this Court, moreso, when no substantial question of law arises. However, in the interest of justice, the defendant-appellant may now vacate the suit premises on or before 1st December, 2008. The defendant-appellant shall continue to pay the rent till vacation of the suit premises. An undertaking in this regard be submitted by the defendant-appellant before the trial court within fifteen days. In case of violation of any of the conditions of the undertaking, the plaintiff- respondent shall be free to execute the decrees passed by the courts below in accordance with law. With the above liberty and observations, the appeal is disposed of accordingly. (Ashok Parihar), J.