Neutral Citation No. - 2025:AHC:10271 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 4339 of 2019 Petitioner :- Smt. Sadhna Ghosh And Another Respondent :- Sangam Educational Society, Allahabad And Another Counsel for Petitioner :- Pankaj Agarwal Counsel for Respondent :- Pooja Agarwal Hon'ble Ajit Kumar,J. Heard Sri Pankaj Agarwal, learned counsel for the petitioners and Ms. Pooja Agarwal, learned counsel for the landlord-respondent. By means of this petition filed under Article 227 of the Constitution, petitioners, who are tenant of respondent - landlord has questioned the order passed by the Additional Civil Judge (S.D.) Court No.- 13, Allahabad dated 22nd November, 2016 in SCC Suit No.- 656 of 2010 directing for eviction and for recovery of arrears and rent and has also challenged the order passed in SCC Revision No.- 145 of 2016 dated 10th January, 2019 passed by Additional District & Sessions Judge, F.T.C. Court No.- 20, Allahabad, whereby judgment and decree passed by the trial court has been affirmed. After some argument, learned counsel for the petitioner submits that petitioner intends to vacate the tenanted property in question provided some reasonable time at least till 30th April, 2026 is afforded to vacate the premises in question as the son being teacher in a school would be able to shift to another alternative accommodation after the next academic session comes to an end and that she is fully dependent upon his son. Learned counsel for the respondent-landlord has contended that normally in case of residential accommodation the Court may not grant more than a year's time and, further put the petitioners to some stringent condition to ensure that the tenanted petitioners vacate the premise in question before the scheduled date. In the given facts and circumstances of the case and considering the submissions so advanced and the fact that the petitioners themselves intend to vacate the tenanted premise in question, this Court considers it appropriate to allow 15 months' time to petitioners to vacate the premise in question. In view of the above, this petition stands disposed of with following directions: (i) Petitioners would be filing an affidavit of undertaking within a period of three weeks from today before the Prescribed Authority that they would be releasing/ vacating the tenanted premises in question within a period of 15 months and in any case by 30th April, 2026; (ii) Petitioners shall continue to pay rent and damages at the rate of Rs.8,000/- per month towards use and occupation of premises in question until they vacate the premises. (iii). If petitioners comply with the above directions, they shall not be evicted pursuant to the judgment and decree dated 22nd November, 2016 till 30th April, 2026, however, it is clarified that in the event of default either in furnishing affidavit of undertaking, as directed hereinabove, or depositing the arrears of rent, if any, and current amount towards damages for use and occupation of premises in question, protection granted to the petitioners shall cease to operate and petitioners shall be liable to be evicted from the tenanted premise in question at the instance of respondent- landlord. It is also provided that in the event of violation of conditions prescribed hereinabove, the landlord- respondents will be at liberty to move application under Section 12 of Contempt of Courts Act, 1971. Parties are ad idem. Order Date :- 21.1.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad