WPMS/519/2019
2021 Latest Caselaw 1004 UK

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                                      WPMS No.519 of 2019
                                      Hon'ble Sharad Kumar Sharma, J.

Ms. Parul Prakash, petitioner in person. Mr. D.S. Patni, Senior Advocate assisted by Mr. Siddhant Manral, Advocate for the respondents.

This Court by virtue of the judgment rendered on 22.02.2021, had dismissed the writ petition, which was preferred by the petitioner, which was emanating out of a concurrent proceedings, which culminated against the petitioner/tenant under Section 21 (1) (a) of the Act No.13 of 1972.

Today, when the matter is listed on a time extension application, which has been preferred by the petitioner, who is appearing in person There are various reasons, which has been given by her in the application, including the fact that she is an aged, unmarried lady, and has got no one to take care of her and hence, expressing her difficulties in para 3 of the application, she has sought an extension of time to vacate the disputed premises within eighteen months.

Considering the reasons given in the application, and after hearing the petitioner in person, and particularly the fact that she is a single lady, who has to maintain herself, though, the period solicited for the terms of eighteen months, is on higher, side and as per the circumstances of the case, this Court feels that one year would be a reasonable period to be given to the petitioner to vacate the premises, subject to the conditions, which are hereby imposed:-

(i) That the petitioner would by way of an affidavit, would submit an undertaking before the prescribed authority that she would be positively vacating the premises, immediately after expiry of one year from the date of the judgment i.e. by 21.02.2022.

(ii) During this period of extended occupancy, as a consequence of today's extension order, she would continue to remit the enhanced rent as was fixed by the interim order of 28.02.2019 and would ensure its remittance by 10th of each month.

(iii) During this period of extended occupancy, she will not change the nature of the tenement in question, without a prior written consent being taken from the respondent/landlord.

(v) During this period, she will not create any sub-tenancy by inducting anyone else over the tenement in question.

Accordingly, the Time Extension Application No.5783 of 2021, is allowed subject to the aforesaid terms and conditions. Petitioner is directed to vacate the premises positively by 21.02.2022.

(Sharad Kumar Sharma, J.) 18.03.2021 Arti