1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. SECOND APPEAL NO.595 OF 2010 WITH CIVIL APPLICATION NO.12690 OF 2010. Gulam Ahmadoddin S/o Gulam Dastagir ... Appellant. Versus Asiyabegum W/o Mohd.Ibrahim ... Respondent. ... Mr.P.F.Patni, advocate holding for Mr.V.S.Borkar, advocate for the Appellant. Mr.P.P.Darak, advocate holding for Mr.N.T.Tribhuwan, advocate for the Respondent. ... CORAM : S.V.GANGAPURWALA,J. Date : 06.09.2010. PER COURT 1. The present Second Appeal is by tenant. The present Respondent has filed eviction 2 proceedings against the present appellant in respect of the house property situated at Khultabad. Both the Courts have decreed the suit. 2. Mr.Patni, learned counsel for the appellant submitted that the Courts below have not considered the fact that the termination of tenancy was not proper. The notice issued was not in consonance with the provisions of Section 106 of the Transfer of Property Act. 3. Perusal of the judgments show that the present appellant had nowhere disputed the validity of the notice in his pleadings. It is also observed that the Rent Act is not applicable to the proceedings. In such circumstances, no defence is available to the appellant except to plead and prove that the notice issued, regarding termination of tenancy is not proper. Both the Courts have held that the quit notice is proper. In light of the above, no substantial question of law arise. 3 4. At this stage. Mr.Patni, learned counsel for the appellant states that taking into account the rainy season and the fact that it would take time to search for alternate accommodation, prays for six months time. Mr.Darak, learned counsel for the Respondent states that much time has lapsed during the intervening period, the appellant ought to have made necessary arrangements for accommodation and opposes the said prayer. 4. Taking into account the fact that it is rainy season and also that it would take some time for the applicant to search for alternate accommodation, I feel it appropriate to grant six (6) months time to the applicant to vacate the suit premises. 5. The applicant shall vacate the suit premises on completion of six (6) months. The applicant shall give an undertaking that during this period he will not alienate any third party interest in the suit premises. He shall pay rent regularly and further that he shall vacate the 4 suit premises on or before 1.3.2011. The Second Appeal is dismissed with no order as to costs. 6. In view of dismissal of Second Appeal, the Civil Application does not survive and is accordingly disposed of. (S.V.GANGAPURWALA,J.) asp/office/sa595.10