IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1357 of 2008 (M/S) Vijay Prakash …… Petitioner Versus Smt. Krishan Devi …… Respondent …….. Mr. A Rab, Advocate for the petitioner. Hon’ble V.K. GUPTA, C. J. After hearing the detailed arguments of Mr. A.Rab, learned counsel appearing for the petitioner and upon perusal of the judgment dated 19.07.2007 passed by the learned trial Court as well as the judgment dated 31.05.2008 passed by the learned District Judge, Dehradun, the Appellate Authority, I find that both the Courts below have concurrently given a finding of fact and held that the petitioner-tenant had violated Section 20(2)(c) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act No. 13 of 1972) and had raised construction without the consent and permission of the respondent- landlady. I agree with and affirm the findings of the learned Courts below. No interference is warranted. The petition is dismissed in limine. At this stage, Mr. Rab, learned counsel appearing for the petitioner submits and prays that the petitioner may be given reasonable time, say about 3 months, to vacate the premises in question. The oral prayer is allowed and accepted. It is directed that uptil 31.10.2008, the impugned eviction order shall not be executed and the petitioner shall not be 2 dispossessed subject to the condition that the petitioner files a written undertaking under information to the respondent within 10 days from today in the trial Court to the effect that he shall vacate and handover the vacant possession of the property in question to respondent before 31.10.2008. (V. K. Gupta, C. J.) 06.08.2008 A