1. The present Civil Revision Application under Section 29(2) of the Bombay Rent Act has been preferred by the applicant- original defendant no. 1/B-original tenant challenging the impugned judgment and decree dated 25/04/2003 passed by the learned Small Cause Court, Surat in Small Cause Suit No.
555/1986 by which the learned trial Court has passed the eviction decree against the applicant as well as the impugned judgment and order dated 23/04/2012 passed by the learned Principal District Judge, Surat in Regular Civil Appeal No. 32/2003 by which the learned appellate Court has dismissed the said appeal preferred by the applicant confirming the judgment and decree of eviction passed by the learned trial Court.
2. After the matter was argued for some time and as this Court was not inclined to admit the present Civil Revision Application, Shri C.H. Vora, learned advocate appearing on behalf of the applicant seeks permission to withdraw the present Civil Revision Application. However, considering the fact that the applicant is running small hotel in the suit premises, which is the only source of income and he is maintaining his family members from the said income he has requested to grant reasonable time to vacate the suit premises on filing an usual undertaking that he shall hand over peaceful and vacant possession of the suit premises to the original plaintiffs-landlords on or before 01/07/2013 and in the meantime, he shall continue to pay rent/mesne profit every month regularly as and when due and payable. He has also stated that the applicant shall also file an undertaking that he is in exclusive possession of the suit premises and he shall not transfer and/or alienate the suit premises in question to any other person in the meantime and shall handover peaceful and vacant possession to the original plaintiffs-landlords on or before 01/07/2013. He has also stated that the aforesaid undertaking shall be filed within a period of two weeks from today.
3. In view of the above, the present Civil Revision Application is dismissed as withdrawn. However, in the facts and circumstances of the case and considering the request made by Shri Vora, learned advocate appearing on behalf of the applicant, the applicant is granted time to vacate the suit premises up to 01/07/2013 on filing an usual undertaking that the applicant and his family members (to be named) are in exclusive possession of the suit premises and they shall handover peaceful possession of the suit premises to the original plaintiffs-landlords on or before 01/07/2013 without fail and he shall not transfer and/or alienate the suit premises in question to any other person and he shall continue to pay rent/mesne profit regularly as and when due and payable in the meantime. Such an undertaking, on oath, shall be filed before this Court within a period of two weeks from today and copy of the same shall be placed in the record of the learned trial Court and one such an undertaking shall be sent to the original plaintiffs-landlords as agreed by Shri Vora, learned advocate appearing on behalf of the applicant. If the applicant fails to handover peaceful and vacant possession of the suit premises to the original plaintiffs-landlords on or before 01/07/2013, necessary consequences on breach of undertaking shall follow and then it will be open for the original plaintiffs-landlords to execute the eviction decree passed by the learned trial Court confirmed by the learned appellate Court and even this Court. It is also observed that if the original plaintiffs-landlords have any objection against granting of time to the applicant to vacate the suit premises pursuant to this order it will be open for them to submit an appropriate application within a period of six weeks from the date of receipt of the undertaking, in the present proceedings, which shall be considered in accordance with law and on its own merits.
4. With this, the present Civil Revision Application is dismissed as withdrawn.
(M.R. SHAH, J.) siji