[1.0] Present Civil Revision Application under Section 29(2) of the Bombay Rent And Lodging House Rents Control Act, 1947 has been preferred by the petitioner herein - original defendant No.2 challenging the impugned judgment and decree passed by the learned Small Causes Court, at Ahmedabad in H.R.P. No.898 of 2000 confirmed by the learned Appellate Bench of the Small Causes Court, at Ahmedabad by its judgment and order dated 15.12.2011 passed in Regular Civil Appeal No.9 of 1998 and confirming the eviction decree passed by the learned trial Court.
[2.0] After the matter was argued for some time, Ms. Rami, learned advocate appearing on behalf of the petitioner does not press the present Civil Revision Application. However, has requested to grant some reasonable time to the petitioner to vacate the suit premises as the petitioner is aged about 70 years and is doing some household work. She has also submitted the undertaking affirmed by the petitioner that she will vacate the suit premises and hand over the peaceful and vacant possession to the landlord on or before 15.04.2013 and in the meantime shall continue to make payment of rent/mesne profit every month due and payable regularly and shall not transfer and/or alienate the suit premises to any other person in any manner whatsoever. The aforesaid undertaking on affidavit affirmed by the petitioner is directed to be taken on record.
[3.0] In view of the above, present Civil Revision Application is dismissed as not pressed. However, in the facts and circumstances of the case, considering the fact that petitioner is aged 70 years and is a widow doing some household work, petitioner is granted time to vacate the suit premises upto 15.04.2013 on usual terms and conditions more particularly mentioned in the undertaking dated 02.05.2012 affirmed by her and the petitioner is directed to handover the peaceful and vacant possession of the premises in question to the landlord on or before 15th April 2013 as undertaken by the her.
[3.1] It is observed that if the respondent - original plaintiff is aggrieved by the extention of time and/or he has any objection against granting of time to the petitioner to vacate the suit premises, it will be open for the respondent - original plaintiff to submit an appropriate application for review and/or recall and/or modification within a period of two months from the receipt of the present order and as and when such an application is made, the same be considered in accordance with law and on merits.
[4.0] With this, present Civil Revision Application is dismissed as not pressed.
(M.R.
Shah, J.) menon Top