Dr. Nitya Nand Vs. District Judge, Lucknow and ors.

- [ d.a. desai and; r.b. misra, jj.] -- rent control and eviction - eviction - tenant's appeal dismissed with consent of parties by granting time to the tenant for vacating the premises failing which he would be liable for contempt of court -- appeal is dismissed but the appellant subject to condition herein before stated is given time to vacate the premises latest by january 31, 1985. mr s.n. kacker, learned counsel for respondent 4 pointed out that while he consents on behalf of his client to grant time upto and inclusive of january 31, 1985 to the appellant, the court may kindly note that respondent 4 himself is under a threat of eviction and his consent may spell out a dangerous consequence in law......counsel for the appellant states that the appellant is not interested in prosecuting this appeal if he is protected in his possession for a period of one month beyond the date of his retirement i.e. till january 31, 1985. that appears to us to be a reasonable request. but the more important part of which we must record our appreciation is that mr s.n. kacker, learned counsel for the respondent 4 and mr a.k. sen, learned counsel for the respondent 3 frankly stated that they would appreciate this approach on behalf of the appellant and concur in the order that this court may choose to pass accepting the reasonable request of the appellant. accordingly we dispose of this appeal with the direction that appellant shall file an undertaking on oath through his advocate on record within four weeks from today, that he will vacate and hand over peaceful possession of the premises on or before january 31, 1985 failing which he will be visited with the consequence of contempt of court. appeal is dismissed but the appellant subject to condition herein before stated is given time to vacate the premises latest by january 31, 1985.4. mr s.n. kacker, learned counsel for respondent 4 pointed out that while he consents on behalf of his client to grant time upto and inclusive of january 31, 1985 to the appellant, the court may kindly note that respondent 4 himself is under a threat of eviction and his consent may spell out a dangerous consequence in law. we appreciate this apprehension but hope that the landlord of respondent 4 would not so pursue the matter that respondent 4 in the mean time is rendered homeless. this appeal is disposed of in terms of the order herein made.