Civil Revision No.7256 of 2010 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7256 of 2010 Date of decision: November 09, 2010. Sukhwinder Singh ...Petitioner(s) v. Darshan Khan ...Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri S.S. Salar, Advocate, for the petitioner(s). Kanwaljit Singh Ahluwalia , J. (Oral): Provisional rent was assessed and case was adjourned to 5th June, 2008 for payment of arrears of rent, interest and cost. On 5th June, 2008, the tenant sought an adjournment which was not opposed by the Counsel for the landlord and with mutual consent, the case was adjourned to 14.6.2008. On that day, tenant failed to tender provisional rent assessed. The Rent Controller directed eviction of the petitioner relying upon Rakesh Wadhawan & Ors. v. M/s Jagdamba Industrial Corporation & Ors., AIR 2002 SC 2004. Aggrieved against the same, the petitioner filed an appeal. The ratio of law laid down in Rakesh Wadhawan's case (supra) has been interpreted by a Division Bench of this Court in Rajan @ Raj Kumar v. Rakesh Kumar (Civil Revision No.3577 of 2006), decided on 7.1.2010. In view of the dictum of law laid down by a Division Bench of Civil Revision No.7256 of 2010 -: 2 :- this Court, the appeal filed by the petitioner was also dismissed. It was held that non payment of rent assessed on the first date, in itself is sufficient to cause eviction of the tenant. Faced with this situation, Counsel for the petitioner has very fairly stated that he will not press the present petition and the same be dismissed as withdrawn. However, he has made an alternative submission that sufficient time be granted to the petitioner, who is a shopkeeper, to make an alternative arrangement for clearance of the inventory. I find merit in the alternative submission. Hence, eight months time is granted to the petitioner to hand over vacant peaceful possession to the landlord. Extension of time is subject to filing of an undertaking by the tenant in the court of Rent Controller, Dhuri. The undertaking shall contain specific condition that tenant shall hand over vacant peaceful possession of the premises on 01.07.2011. The undertaking shall also bind the petitioner that he shall pay rent of each following month on or before the 7th day of each month. Furthermore, the entire arrears shall be paid by the petitioner. As prayed, dismissed as withdrawn. [Kanwaljit Singh Ahluwalia] November 09, 2010. Judge kadyan