1 SA450/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 450 OF 2011 Syed Aminoddin @ Khursheed Bhai Khaja Moinoddin Appellant V E R S U S Tajmul Hasan Quadri Abdul Hasan Quadri and another Respondents Shri M.V. Deshpande, Advocate for the appellant Shri M.V. Gadhge, Advocate, instructed by Shri B.N. Gadegaonkar, Advocate for respondents CORAM : A.V. NIRGUDE, J. DATED : 4th October, 2011 PER COURT : 1. Heard. 2. This appeal is filed against the concurrent findings of the Courts below that the respondents / landlord is entitled to possession of the suit property from the appellant. The appellant is running a medical shop in the suit property. The Courts below held that the suit property is required for respondents’ personal bonafide need. 3. Having gone through the findings of the Courts below, on facts I think the appellant will not be able to succeed in getting appeal admitted. So, I expressed my view to the learned counsel appearing for the parties. Upon that, the learned counsel appearing for the appellant requested that since the appellant is running the business for more than 10 years, he would require some time to establish similar business elsewhere in the vicinity. He said that he should be granted one year time for shifting his shop. The learned counsel for the respondents opposed to this, saying that in the facts and circumstances of the case, the appellant can easily find a suitable 2 SA450/11 accommodation in the vicinity. 4. Having heard the submissions of the learned counsel for the appellant, the appellant deserves nine months time to vacate the suit property. In view of this, appeal stands dismissed. However, the appellant shall give undertaking that he will peacefully hand over the possession of the suit property to the respondents within nine months from today and shall not induct a third party in the suit property and shall continue to pay the agreed rent to the respondents. 5. In view of dismissal of the second appeal, civil application No. 10437 of 2011 stands disposed of. ( A.V. NIRGUDE, J. ) SRM/sa/450/11/4/10/11