1 S.B. Civil Writ Petition No.4338/2010. Sohan lal vs Balu Ram & Ors Date : 5.5.2010 HON'BLE MR. PRAKASH TATIA, J. Mr.Vinay Jain, for the petitioner. Mr. BK Vyas, for the respondents. - - - - - Heard learned counsel for the parties. The petitioner-tenant has preferred this writ petition to challenge the order of eviction passed by the learned Rent Tribunal 28.3.2006 as well as the appellate order dated 31.3.2010. Both the courts below concurrently held that suit premises is required by the applicant-landlord for the personal bonafide necessaity so as to run the business of grand-son of the landlord. The petitioner-tenant has preferred this writ petition to challenge the above two orders with alternative prayer that since there is a space available on the first floor, therefore, if that cannot be utilized by the landlord that upper floor premises may be given to the petitioner-tenant. Learned counsel for the respondent submitted that in fact there is no room or any hall over the shop in disput, but it is open roof only. Be it as it may be once the landlord 2 proved is ground for eviction then tenant will have to vacate the premises. The orders of the two courts below have been challenged only on the ground of facts and there is no error of jurisdiction or error of law or even error of law in the orders passed. The orders have been passed after appreciation of facts by both the courts below. However, at this stage, learned counsel for the petitioner prayed that some time may be granted to the petitioner to vacate the suit premises. I considered this prayer of learned counsel for the petitioner. Looking to the facts of the case, this Court is of the view that the petitioner be granted time upto 30.05.2011 to vacate the premises in question. Therefore, it is ordered that in case, the petitioner furnishes a written undertaking before the trial court within a period of one month from today that he shall hand over the vacant possession to the respondent/landlady by or before 30.05.2011 and shall not part with the possession or sublet the premises in question during this period and shall pay all the arrears of rent and decreetal amount, if due, within a period of two months from today and shall also deposit the rent month by month by 15th day of each succeeding month of his tenancy, in the bank account of the respondent/landlady, particulars of which be supplied to the 3 appellant, the decree under challenge shall not be executed till 1.06.2011. In case of non-compliance of this order or default in payment of rent mentioned above, the respondent will be free to execute the decree forthwith without obtaining any order from this Court. With the aforesaid concession, this writ petition is dismissed. (PRAKASH TATIA), J. cpgoyal/-