1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.331 OF 2008 Shri Jamaluddin K.F. Kulana .... Applicant Vs. Mohammedali Abdulla Sabuwala & Anr. .... Respondents. ..... Mr. M.M. Sathaye, for the Applicant. Mr. Kunal Bhanage, for the Respondent No.1. ..... CORAM: S.C. DHARMADHIKARI,J. DATE : 19 th APRIL, 2010. P.C. 1. The Applicant by this Civil Revision Application challenges the order passed by the Lower Appellate Court confirming the decree for possession of the suit premises in favour of the Respondent-landlord. 2. The Lower Appellate Court while partly allowing the appeal preferred by the Petitioner the original Defendant No.1 modified the decree and directed that the Petitioner and Defendant No.2 shall hand over possession of the suit premises as the Plaintiff-landlord has succeeded in proving that the original Defendant No.1 is in arrears of rent, that permanent structure has been put up and there is change of user, and unlawful subletting. 2 3. Both Defendants have been directed to hand over vacant and peaceful possession of the suit premises viz.Garage No.2 on ground floor, Buildng No.151/159, Abdulla Mansion, VP.Road, Dongri, Mumbai-400 009 to Respondent No.1 on or before 30.4.2008. The Civil Revision Application is filed in this Court by the Petitioner on 15.4.2008. The Petitioner is the original Defendant No.1. The original Defendant No.2 is M/s Delhi Durbar who are carrying on or stated to be carrying on restaurant business. Shri Sathe, learned Advocate appearing on behalf of the Petitioner states that the suit premises are being used as a storage place for storing articles required in the restaurant business. 4. After the matter was arguned for some time and considering that the ad-interim stay has been granted by this Court on 29.4.2008, Shri Sathe on taking instructions states that the Petitioner would not press the Civil Revision Application provided a longer time to vacate the premises is granted. This request is opposed by Shri Bhanage appearing on behalf of Respondent No.1-landlord. 5. Shri Bhanage, made a grievance that the Petitioner is in arrears of rent and further, suit in question was filed in the year 1989, the landlord is awaiting the fruits of decree for possession and particularly when he is a senior citizen. 3 6. After taking a overall view of the matter and considering that the Petitioner is not pressing the Civil Revision Application on merits, interest of justice would be served if the Petitioner is granted time till 30th April, 2011 to vacate and hand over possession of the suit premises to the first Respondent provided the Petitioner executes a undertaking, in this Court within a period of fifteen days from the date of receipt of this order, in the following terms: i) That the Petitioner would deposit the rent as determined regularly in the Trial Court; ii) That only business of “Delhi Durbar Restaurant” is being carried on from the suit premises and save and except those connected with those restaurant business none else is inducted nor shall be inducted in the premises by the Petitioner. iii) That the Petitioner will not alienate, encumber, transfer or create third party rights of any nature in the suit premises. iv) That the Petitioner shall hand over vacant and peaceful possession of the suit premises on or before 30th April, 2011. 7. Needless to clarify that if no undertaking is filed or if same is filed but breach of any of its terms is committed, then in addition to 4 initiating contempt proceedings, the first Respondent would be at liberty to evict and dispossess the Petitioner from the suit premises, if necessary, with the assistance of Police. 8. Civil Revision Application is disposed off in the above terms. No costs. (S. C. DHARMADHIKARI, J.)