HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR Dated 29-7-2010 C.R.P. No.2818 of 2009 Between: Prem Chand. …Petitioner. And: Madan Mohan Das and another. …Respondents. HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.2818 of 2009 ORDER: This revision is at the instance of tenant aggrieved by the order of Rent Control appellate authority-Additional Chief Judge, City Small Causes Court, Hyderabad allowing the landlord’s appeal in R.A.No.4 of 2009. The said appeal of landlord was directed against the order of the learned Rent Controller dismissing the landlord’s application under Section 11 (4) of the Rent Control Act. It is the case of the landlord that the eviction petition is filed on the ground of willful default in payment of monthly rent and after filing of eviction case, tenant is neither paying the arrears nor the monthly rent. It is not in dispute that the agreed rent is at Rs.1700/- per month and as per the landlord, there were arrears of Rs.1,02,000/- and therefore, the application under Section 11 (1) of the Act was filed by the landlord. The said application on contest was allowed on 20-12-2007. Since the order as to deposit as above was not complied with, the landlord filed the present application under Section 11 (4) of the Act. On contest, the learned Rent Controller, however has dismissed the said application by accepting the plea of the tenant that certain deposits are made on the basis of challan produced before the learned Rent Controller. Aggrieved by the said order of the learned Rent Controller, appeal was preferred by the landlord and under the impugned order dated 1.5.2009, said appeal has been allowed, thereby all proceedings in the eviction case are stopped and tenant was directed to handover vacant possession. Aggrieved thereby, the present revision is preferred by the tenant. This Court had granted interim suspension of the impugned order on 7-8-2009 while admitting the C.R.P. and the said order continues as of now. During the last hearing of the revision, the learned counsel for the tenant fairly submitted that the tenant only seeks time to vacate premises. And as alternative premises will be available by the end of December, 2010, he does not choose to contest the C.R.P. Today, the learned counsel for the tenant has filed an affidavit of the tenant to that effect which is taken on record and paragraphs 2 and 3 thereof are as follows: “I submit that I filed the above CRP No.2818 of 2009 against the orders passed in IA No.229 of 2008 in R.C.No.447 of 2006 on the file of the I Additional Rent Controller, Hyderabad. I submit that the above CRP is pending for consideration.” “I submit that now I am not interested to continue in the suit premises as such I hereby undertake to vacate the suit schedule property within a period of 8 months from today i.e., 31-3-2011. Hence, this affidavit.” Though the tenant is seeking time upto 31st March, 2010, the said request appears to be highly unreasonable as already tenant has gained sufficient time during the pendency of the eviction proceedings including this revision. On the facts and circumstances of the case therefore I am of the view that the impugned order deserves to be confirmed in view of the request of the tenant. But however, the time for eviction as sought for cannot be granted. The petitioner-tenant is therefore, granted time till 31st December, 2010 subject to the following conditions: 1. The petitioner shall file an undertaking before the learned Rent Controller within three weeks from today; that (a) He shall pay to the landlord or deposit to the credit of the eviction petition all the arrears of rent on or before the end of August, 2010 and on such deposit, the respondent-landlord shall be entitled to withdraw the same without furnishing any security; (b) Though the agreed rent is Rs.1700/-per month in view of the additional time granted on request, the tenant shall pay monthly rent every month at the rate of Rs.3,000/- commencing from August, 2010 on or before 10th of each month till tenant vacates the premises and the first payment would be made on or before 10th August. (c) The tenant shall not alienate or otherwise part with possession or create any 3rd party interest with respect to the schedule property in any manner whatsoever and shall handover vacant possession to the landlord on or before the date specified above. This Revision Petition is accordingly dismissed subject to the grant of time as above. No costs. _____________________________________ JUSTICE VILAS V. AFZULPURKAR Dated 29-7-2010 Note: Issue C.C. in one week. BO Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.2818 of 2009 Dated 29-7-2010