cr no.3453 of 2006.doc - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.3453 of 2006 (O&M) DATE OF DECISION: 16.12.2009 **** Panna Lal Jain and others . . . . Petitioners VS. Jagdish Chand Sharma (deceased) . . . . Respondent represented through his wife Smt. Parveen Bala **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Amit Jain, Advocate for the petitioners Mr. Ashwani Prashar, Advocate for the respondent **** SURYA KANT J.(ORAL) (1). This revision petition has been preferred against the judgement dated 30.03.2006 passed by the Appellate Authority, Chandigarh, whereby, an eviction petition filed by the respondent, namely, Jagdish Chand Sharma (since deceased) now represented through his wife Smt. Parveen Bala, has been allowed and the consequential eviction order has been passed against the petitioners. (2). During the pendency of this revision petition, the petitioners have decided to vacate and hand over the peaceful vacant possession of the demised premises – Booth No.34, Sector 38-C/D, Chandigarh to the respondents. Petitioner No.1 has made a statement on oath in this regard and has undertaken that he shall pay cr no.3453 of 2006.doc - 2 - the arrears of four month’s rent on or before 31st December, 2009 and shall keep on paying the future rent on or before 10th day of every calendar month till the demised premises is vacated by the petitioners on or before 30th April, 2010. The respondent – Smt. Parveen Bala, who is present in Court, too has made a statement on oath accepting the contents of the statement made by petitioner No.1 on behalf of all the petitioners. (3). In this view of the matter, the revision petition is disposed of as not pressed on merits, with a direction that subject to petitioners’ paying the entire arrears of rent of four months on or before 31st December, 2009 and future rent by 10th day of every calendar month, the petitioners shall be entitled to retain the possession of the demised premises till 30th April, 2010 only. (4). In view of the possession of the demised premises being offered by the petitioners before 30th April, 2010, the respondent-landlady gives up her claim of Rs.1,73,825/- which the petitioners are liable to pay in terms of order dated 23.09.2009 passed by this Court. (5). However, in the event of any violation of the undertaking given by the petitioner No.1 on behalf of all the petitioners, the respondent shall be entitled to seek possession of the demised premises through police help besides taking other actions as may be permissible in law. (6). Disposed of. cr no.3453 of 2006.doc - 3 - (7). Dasti. (SURYA KANT) JUDGE 16.12.2009 vishal shonkar