IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.6675 of 2008 (O&M) Date of decision: 5th December, 2008 M/s City Glass and Plywood Company … Petitioner Versus Balwinderjit Singh Bajwa and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Atul Lakhanpal, Senior Advocate with Ms. Shumaila Parvez, Advocate for the petitioner. Mr. Gurmeet Singh Sandhawalia, Advocate for the respondent/ caveators. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for the petitioner prays that the landlord Balwinderjit Singh Bajwa, even though has obtained premature retirement, do not require the demised premises for his personal necessity as his son, to whom he intended to settle, has migrated to United States of America. The ground pleaded by the landlord was that after the premature retirement, along with his two sons, he wants to start his own business and he has sufficient funds for the same. During the course of arguments, it was pointed out to the counsel for the petitioner that the tenant is owner of two adjoining shops, therefore the ground of personal necessity has been rightly found by two courts below, after appreciating the evidence of the witnesses. At this stage, Mr.Atul Lakhanpal, who is assisted by Ms.Shumaila Parvez, has stated that he is conscious of the limitations of a revisional Court as the evidence cannot be re-appreciated or re-appraised by this Court, while exercising revisional jurisdiction. He has stated that Civil Revision No.6675 of 2008 (O&M) since it has come in evidence that the shop is being used as a store, there is a huge inventory stock in this shop, therefore, reasonable time be granted to the petitioner to make alternative arrangement. Mr. Gurmeet Singh Sandhawalia, who is present in Court on behalf of the respondent/ caveator/ landlord states that he has no objection in case petitioner files an undertaking before the Rent Controller that peaceful vacant possession shall be handed over to the landlord after the expiry of time granted by this Court. During the course of arguments, a consensus has been arrived at between the counsel for the parties that one year time will be sufficient for making alternative arrangement. This Court is of the view that due sanctity ought to be given to the consensus arrived at by the counsel for the parties. Therefore, petitioner is granted one year time, commencing from 1st January, 2009, subject to filing an undertaking that peaceful vacant possession of the demised premises shall be handed over to the landlord on or before 1st January, 2010. The undertaking shall also contain a condition that the entire arrears of rent, if any, shall be paid or tendered before the Rent Controller. The undertaking shall further state that rent of each following month, as is paid earlier, shall be paid or tendered as use and occupation charges, on or before 7th day of each month. The undertaking be furnished before the concerned Rent Controller on or before 7th January, 2009. In case, such undertaking is not furnished, the landlord shall be well within his rights to take recourse to the lawful remedy available to him. As prayed, present revision petition is dismissed as withdrawn. [KANWALJIT SINGH AHLUWALIA] JUDGE December 5, 2008 rps 2