IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.2078 of 2011(O&M) Date of decision: 10.8.2011 M/s Shiv Shakti Paper Stationery ......Petitioner(s) Versus Sh. Baljit Singh Chhatwal ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Ashwani Bakshi, Advocate for the petitioner. Mr. Sanjeev Kumar Pawar, Advocate for the respondent. Rakesh Kumar Garg, J. (Oral) This is tenant's revision petition challenging the eviction order dated 6.4.2010 of the Rent Controller, Jagadhri, whereby, he was ordered to be evicted from the demised premises on the ground of personal necessity and the order dated 1.2.2011 whereby appeal filed by the petitioner against the aforesaid order was dismissed by the Appellate Authority. Both the Courts below on appreciation of evidence have recorded a finding of fact that the demised premises were required by the respondent for his bona fide need. During the course of arguments, when this Court was not agreeing with the arguments raised on behalf of the petitioner, learned counsel after seeking instructions from Navtej Singh- petitioner, who is present in Court, has submitted that if some time is granted to the petitioner, he shall hand over the vacant possession of the demised premises to the respondent. On the other hand, learned counsel appearing on behalf of the respondent has submitted that he has no objection if reasonable time is granted to the petitioner as considered by this Court subject to his making CR No.2078 of 2011(O&M) -2- payment of arrears of rent and further that he shall keep on paying the rent in advance till the date of vacation and also that he will file an undertaking in this regard before the Rent Controller. Keeping in view the stand taken by the parties, this petition is dismissed with the observations that the petitioner is granted time to hand over the vacant possession of the demised premises upto 30.6.2012, subject to the condition that he shall make the payment of arrears of rent, if any, within two months from today and shall also keep on paying the rent in advance i.e. 10th of every month till vacation of the premises. It is further directed that the petitioner shall also file an undertaking within one month from today before the Rent Controller that he shall vacate the premises and hand over the vacant possession to the respondent-landlord on or before 30.6.2012. In case of violation of any of the conditions as aforesaid, the eviction order shall come into force immediately. It is also clarified that in case the petitioner fails to hand over the vacant possession of the demised premises as per the submissions made before this Court and the undertaking furnished before the Rent Controller, the respondent-landlord shall be entitled to initiate contempt proceedings against the petitioner, in addition to his remedy of execution of the eviction order. August 10, 2011 (RAKESH KUMAR GARG) ps JUDGE