1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5125 OF 2008 Rajjak Gulab Momin. ..Petitioner. V/s. Kailash C.Gujrati. ..Respondent. Mr.A.R.Shaikh for Petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JULY 16, 2008. DATE : JULY 16, 2008. DATE : JULY 16, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioner. 2. Having regard to the admitted facts appearing from the record that notice was served on the Petitioner calling upon him to pay arrears of rent from May, 1986 to September, 1991. Inspite of that notice, the Petitioner failed to pay arrears of rent within one month from the service of notice. Besides, the Petitioner did not take recourse to remedy of standard rent application. In this view of the matter, the Decree under section 12(3)(a) of the old Bombay Rent Act is inevitable. The argument of the Petitioner that the Petitioner has been depositing the rent during pendency of the suit cannot absolve the Petitioner from the decree under 2 section 12(3)(a) of the Act. Both the Courts below have rightly granted decree to the landlord on that count. Hence no interference in exercise of Writ jurisdiction is warranted. Dismissed. 3. At this stage, Counsel for the Petitioner seeks time to vacate the suit premises. He prays for one and half years’ to vacate. It is not possible to accept that request. The suit pertains to year 1992. Besides, the Respondent is not before the Court. Even so, the Petitioner can be shown indulgence of time to vacate the premises only for a period of 3(three) months subject to filing usual undertaking within four weeks from today in this Court. In the event, Petitioner does not file usual undertaking within four weeks from today, the Respondent will be free to proceed with the execution of the decree in accordance with the law. 4. It is made clear that if the time to vacate granted under this order to the Petitioner for a period of three months from today is unacceptable to the Respondent, the Respondent may apply for recalling of that part of the order, if so advised. That application will be considered on its own merits. 3 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)