IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6220 of 2008 Date of decision: 4th December, 2008 Krishan Lal … Petitioner Versus Mrs. Kunta Devi and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Robin Dutt, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for the petitioner contends that he will not be challenging the findings of fact recorded by two courts below, but he confine himself to the legal issue that a tenant cannot be evicted on the ground of personal necessity from a commercial property. He further submits that in case of commercial property, heavy onus is cast upon the landlord to plead his case in consonance with the provisions of the Act. Counsel further states that validity of judgment of Hon'ble Apex Court rendered in ‘Harbilas Rai Bansal v. State of Punjab and another’, AIR 1996 Supreme Court 857 is pending for consideration before Hon'ble Apex Court in ‘Kamla Devi v. Preeto and others’ in Special Leave Petition (Civil) No.8200 of 2006. He states that in the judgment rendered by this Court in case of Kamla Devi v. Preeto in Civil Revision No.4707 of 2004, relying upon Harbilas Rai Bansal’s case (supra), it was held that tenant can be evicted from the commercial property on ground of personal necessity. Counsel states that since on this vital issue, Hon'ble Apex Court is seized of the matter, he be also granted opportunity to address his arguments before the Hon'ble Apex Court and three months time be granted to him to Civil Revision No. 6220 of 2008 approach the Hon'ble Apex Court and his eviction be stayed for a period of three months. Since the counsel for the petitioner is not challenging the findings of fact recorded by two courts below, but is confining himself to the legal issues, which as per his submission is pending for consideration of Hon'ble Apex Court, petitioner be not evicted for a period of three months in order to enable him to avail his lawful remedy. With these observations present revision petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE December 4, 2008 rps 2