Neutral Citation No. - 2025:AHC-LKO:25228 Court No. - 6 Case :- WRIT - A No. - 1000144 of 2009 Petitioner :- Smt. Nazuk Jahan Respondent :- Additional District Judge Lucknow And Ors. Counsel for Petitioner :- Mohd.Aslam Khan,Mohammad Aslam Khan Counsel for Respondent :- C.S.C.,Brijesh Kumar Saxena,Ritesh Kumar Srivastava Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed by the petitioner challenging an order dated 12.12.2007 whereby the premises in question was released in favour of the landlord under Section 21(1)(a) of the U.P. Act No. XIII of 1972 as well as the appellate order dated 23.10.2009 whereby the appeal preferred by the petitioner was dismissed. 3. The contention of the counsel for the petitioner is that the landlady, was claiming to be the owner of the premises by virtue of a Will and it is well settled that under Mohammedan Law, Will cannot be executed of more than 1/3rd share. 4. These aspect were duly considered by the appellate Court, specifically in the light of the fact that the tenant had no right to object to the manner in which the Will was executed. A registered Will was recorded as being available on record. Both the Courts have appreciated the bonafide need as established as well as the comparative hardship, as such, the contention of the counsel for the petitioner and for the factual aspects recorded, no interference is called for. 5. The counsel for the petitioner seeks sometime to vacate the premises. 6. In view of the said statement, the present petition is disposed of permitting the petitioner to vacate the premises in question on or before 30.10.2025, subject to the petitioner submitting an affidavit in the form of undertaking before the Prescribed Authority to vacate the premises on or before 30.10.2025 and to hand over the vacant and physical possession to the landlord and no one else. In case, such an undertaking is filed, the execution shall not take place till 30.10.2025. In the event of failure to said undertaking, the execution shall proceed forthwith and shall be executed within a period of three months and a report shall be sent to this Court through the Senior Registrar. 7. In view of the dismissal of the present writ petition, all the pending applications stand disposed of. 8. Let a copy of this order be transmitted to the Prescribed Authority for compliance. Order Date :- 1.5.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench